In the last month, we have completed lease renewals on four telecoms sites, varying from a cricket club, farmland and edge of town locations throughout the UK.
The 2017 Electronic Communications Code and subsequent legislation in 2022 continue to put telecoms tenants in a strong negotiating position during lease renewals. With rents now being driven down as a result of the legislation, many landlords would often prefer to refuse the renewal of a lease. However, the Code makes this option largely unviable.
In each of these instructions we were acting for landlords, and on each occasion the tenants’ respective proposals were designed to heavily benefit their future use at the mast sites, whilst hampering our client’s future use of their own land.
As current legislation effectively dictates what a landlord must be agreeable to in order to facilitate the growth of telecoms infrastructure throughout the UK, there were certain aspects of these tenants’ proposals which did not fall within the legal requirements. The benefit we were able to give to our clients was our confidence and knowledge as to what aspects of each proposal could be pushed back on, as well as which terms could be introduced into negotiations in order to assist the balancing of the benefits and burdens to the parties.
In each of these cases, we secured higher rents and more favourable terms compared to when the tenants’ agents had approached our clients direct with renewal proposals. We were able to provide sound advice and guidance throughout the renewal process, giving our clients the assurance that they were entering into an agreement on the best terms in view of the negotiation restrictions placed on us by the Code. Each client also now has the ability to terminate their leases partway through the agreed Term to provide them with future flexibility for their land, something which telecoms tenants obviously strongly resist.
hWe also introduced competent and efficient specialist legal advisors to each of our clients once terms had been agreed, as well as negotiating for all surveyor and legal fees to be paid for by the respective tenants. Our clients were all satisfied that they had received the best professional support throughout their renewals.
Our experienced team is ready to assist with unparalleled regional advice.
