"The decision accords with common sense. Landowners will be secure in the knowledge that operators cannot use the code to renew or renegotiate the terms of agreements during their contractual term. Operators will appreciate the flexibility to seek new rights that might not have been contemplated at the time of entering into the agreement."
Writing in Property Week, partner Ed Cracknell discusses the implications of the Supreme Court's recent decision in the telecommunications mast dispute.
The Court decided three conjoined appeals, and found that the parties must honour the terms of existing agreements, but operators can seek new rights that may from time to time become necessary, for example because of rapid advances in technology.
The full article is available to read online and by subscription to Property Week.
Ed is a partner in the real estate and property and housing litigation teams. He is a specialist in all aspects of 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.
Ed has a particular interest in the renewal and termination of telecoms leases under the Electronic Communications Code.