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 uncertain and complex.
It is now exceedingly dangerous to sign an Early Access Agreement with any mobile phone providers. It can mean that you are required to then grant them a Lease of the premises and more importantly, under the Telecommunications Code 2003, rights are granted to the provider making it exceptionally difficult to remove them from the site.
Mobile phone providers are afforded greater protection than nearly any tenant in modern times. Whilst in part, occupation by mobile phone providers is dealt with by Landlord & Tenant Act 1954, that is not the whole story.
we recommend that legal advice is sought when any Contract is 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 seek legal advice and guidance as quickly as possible, as the agreement offered may not protect all of your interests. For example, consideration should always be given to the possibility of site sharing but also compensation for damage to crops and usability of the land and so on.
Chubb Bulleid have been involved with a number of mobile phone mast transactions over recent years and are able to advise land owners on the following:
- Telecommunications code and the rights it gives each party
- Site sharing
- Damage to land and crops
- Damage to buildings
- Break clauses
- Rent reviews
- Mobile Phone equipment
- Electricity supplies
- Extension of the site
- Health and safety