MOBILE PHONE MASTS
Since the advent of the Telecommunications Code 2003, Leases permitting mobile phone providers to erect masts and other equipment on land and buildings has become even more risky and complex than it used to be.
It is now exceedingly dangerous to ever sign an Early Access Agreement with any of the mobile phone providers. It can mean that you are required to then grant them a Lease of the premises and more importantly that under the Telecommunications Code 2003, save for in exceptional circumstances, they are never going to be removed from the site.
Mobile phone providers are afforded greater protection than nearly any tenant in modern times.
Legal advice must be sought when any Contract is to be negotiated. Landowners or owners of buildings who are approached by mobile phone providers or their surveyors with a view to erecting mobile phone masts, should decline to sign anything and make contact with us to seek legal advise and guidance.
Matt Chalfont-Griffin and Richard Cussell have been involved with a number of these over the years and are able to advise landlords of the risks and implications of entering into a Lease with a mobile phone provider.
Consideration always needs to be given to the possibility of site sharing but also compensation for damage of crops and so on, where applicable.