Telecoms

The Electronic Communications Code gives telecom operators significant powers. They may demand access to your land, seek rent reductions, or delay redevelopment plans. This legal framework can be frustrating and complex. We act exclusively for landowners and occupiers across England and Wales. Our role is to protect your property rights, secure fair commercial terms, and safeguard the long term value of your assets. Whether you are a private landowner, occupier, commercial developer or portfolio manager, we deal with these issues every day while staying focused on what matters most to you.

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New leases and lease renewals

Telecom operators often rely on the Code to demand aggressively low rents and highly restrictive lease terms. We work alongside agents and can help you push back. We navigate the complex overlap between the Landlord and Tenant Act 1954 and the Electronic Communications Code to help secure terms that protect your site's value, ensure proper compensation, and secure your long-term position.

Development and removal

Telecom equipment on your land should not prevent redevelopment. If you need vacant possession to redevelop, we can guide you through the Code procedures and your lease terms. Our focus is to relocate or remove equipment efficiently, so your development plans stay on track and on budget.

Site upgrades, access, and site sharing

Operators regularly demand 24/7 unfettered access, the right to share the site with other networks, or the right to install extensive 5G upgrades. We can provide advice and assistance to ensure that rights granted are strictly controlled, preventing security risks to your property and ensuring that your own operations face minimal disruption.

Breaches of lease and unpaid rent

Telecom operators can sometimes breach lease terms. This may include unpaid rent, unauthorised site sharing, or undertaking works carried out beyond the agreed lease rights. Breaches must be handled strategically. We act quickly to resolve service charge disputes, recover arrears, and protect your income stream.

Telecoms dilapidations and site restoration

When a telecom lease ends or an operator relocates, sites are often left with redundant equipment or structural damage. We help resolve disputes over the physical state and condition of commercial property at lease end or during the term. Working with specialist telecom surveyors, we ensure operators properly reinstate the site or pay compensation for necessary repairs and remedial works.

Wayleaves

We advise on the scope, extent, and maintenance obligations for wayleave agreements These agreements must be carefully drafted. We ensure they do not restrict future development or expose you to unnecessary maintenance or liability risks.

Questions we’re often asked

I have been served with a Code notice by an operator. What should I do?

Do not ignore it. The Electronic Communications Code sets strict non-negotiable deadlines. If you fail to respond in time, the operator may obtain rights over your land without your consent. Early legal advice is important. The sooner we review the notice, the more options we have to protect your position.

Can I force an operator to remove their mast so I can develop my land?

Often yes, but careful planning is required. You usually need to show a genuine intention to redevelop and give the operator formal notice, often around 18 months. We help prepare the right strategy and serve the correct notices so redevelopment can move forward without unnecessary delay.

Do I have to accept the low rent the operator is offering?

No. The Code’s “no scheme” valuation rules have reduced rents in many cases, but that does not mean the first offer is fair. We work with specialist telecom surveyors to negotiate improved financial terms and secure compensation for any loss or damage caused by the operator.

Can an operator force access to my land for a survey (a Multi-Skilled Visit)?

Operators often demand immediate access for Multi-Skilled Visits (MSVs) to assess a site's suitability for new apparatus. While the Code gives them statutory powers to survey land, you do not have to grant unfettered access. We can help you negotiate terms that restrict their hours of access, minimize disruption to your business or tenants, and ensure the operator provides a full indemnity for any damage caused during the visit.

Can an operator upgrade to 5G or share the mast without my permission?

The Electronic Communications Code expanded operators' rights to upgrade equipment and share apparatus with other networks. However, these rights can be subject to strict statutory conditions. We can review your specific agreement and the site circumstances to determine if their proposed actions are lawful or if they constitute a breach of your lease.

What happens if the operator damages my property or leaves it in disrepair?

If an operator damages your property or fails to remove equipment properly, you may have a claim for dilapidations or breach of lease. We guide you through the process, working with specialist surveyors to ensure the site is restored or you receive appropriate compensation.

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The Real Estate Litigation team at Blacks are in my opinion second to none. I recommend Blacks to all my clients because I am confident they will deliver an excellent service with fantastic customer care.
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The team at Blacks are in my opinion second to none. I recommend Blacks to all my clients because I am confident they will deliver an excellent service with fantastic customer care.
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Extensive knowledge of their area of expertise, particularly from Luke Maidens and Paul Sagar. Their experience in the specialised area of the Electronic Communications Code and approach to problem solving combined are particularly valuable.
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The team is positive and engaging and want to go above and beyond to get a great result and to achieve client's objective.
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The team always go above and beyond for every client. They have several members dealing with both transactional and litigation matters. Everyone always responds in a timely manner which shows they have very good resource management. I recommend them to every client as I am so happy with their work.
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Excellent knowledge of the particularly complex and evolving area of law that is the telecommunications market, particularly with regards to the litigation aspect. The team at Blacks has a solid understanding of the legislation governing this market and will always offer sound and reasoned professional advice.
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