The relationship between landlords and digital/telecoms infrastructure operators had, until recently, been governed by a set of rules written in 1984. That all changed in 2017 when the new Electronic Communications Code was introduced, at which point responsibility for resolving disputes was moved from the courts to the Upper Tribunal (Lands Chamber) (UT).
The ease and speed of using the UT has been a factor in there being nine reported decisions in as many months under the new Code (compared to only a handful in 30 years under the old Code), as has the fact that all UT decisions are reported on its website. Consequently the new legal landscape for the digital communications age is gradually being formed and greater clarity provided, just as increasing attention is being paid to digital infrastructure with the roll-out of 5G and the all-pervasiveness of mobile communication.
Ed Cracknell appears in Estates Gazette discussing the relationship between landlords and digital/telecoms infrastructure operators.
A growing body of telecoms case law is available to read on the Estates Gazette website via subscription.
Ed is a senior associate in the property and housing litigation team. He specialises in all aspects of property litigation and property dispute resolution. His areas of expertise include landlord and tenant disputes, business lease renewals, rent and service charge recovery, possession proceedings, and dilapidations claims.
A Growing Body Of Telecoms Case Law - Published by Estates Gazette