Mobile phone mast lease dilemma?

Mobile phone mast lease dilemma?

8:41 AM, 11th April 2024, About 2 months ago 15

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Hi, a phone mast on the flat roof was installed of my commercial property over a decade ago before I purchased the property. The phone company is forcing me to sign a new lease with very low rent, which does not cover the amount I spend on maintaining the roof.

Does anybody on the Property118 forum have a similar situation like mine? I would really appreciate any advice.

Many thanks,

Arica


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Comments

Kopf Schmerz

10:15 AM, 11th April 2024, About 2 months ago

Is the old lease expired? If it’s run over the date you might be able to argue the lease is statutory under the 54 Act and continues at the old rent.

Julesgflawyer

10:29 AM, 11th April 2024, About 2 months ago

This is potentially extremely complex. Talk to a solicitor who understands both L&TA 1954 and the new Telecoms Code and related case law in the Upper Tribunal.

John

10:34 AM, 11th April 2024, About 2 months ago

I had a similar situation with a property I owned in London.
I refused to accept a lower rent so they were to continue paying the old rent.
You need to look at the lease closely.
I told them I wanted them to remove their equipment but they refused stating they were allowed to stay under the telecommunications act.
So I just became very awkward and every time they wanted to attend to carry out maintenance or updates all the dates they proposed were inconvenient.
I only allowed them to attend after normal working hours or at weekends and charged them a premium for the privilege.
They got fed up after a while and moved their equipment.
They are absolute bar stewards to deal with so you have be as hard as nails until you are too much trouble.

Graham Bowcock

10:44 AM, 11th April 2024, About 2 months ago

You need a surveyor who is versed in such matters, not a generalist. Their fees should be paid by the phone company.

The Telecommunications Act has made rents lower and less viable; negotiations are weighted towards the phone company.

Is the roof repair due to the phone mast; if so check the lease to see if the phone company has any responsibility.

Aric

10:54 AM, 11th April 2024, About 2 months ago

The commercial property has been changed to 4 houses for over 10 years. The lease has expired a few years ago and I have delayed singing a new lease. The company is threatening me to court to get a new 10 year lease.

Does anybody knows any solicitor who has done similar cases?

Aric

10:58 AM, 11th April 2024, About 2 months ago

The phone company has a sub metre in the basement in a house. It’s inconvenient for me to do the electricity reading and bill them. I asked the company to install their meter but was ignored.

Fed-up Landlord

17:17 PM, 11th April 2024, About 2 months ago

It might be a good idea to contact the NFU, as many farmers have masts on their land. They should be able to put you in contact with a solicitor that is familiar with this type of negotiation.
My neighbouring farmer has an aerial and earns very well from it

Kopf Schmerz

17:45 PM, 11th April 2024, About 2 months ago

Reply to the comment left by Aric at 11/04/2024 - 10:54You don’t need to sign a new one. They have a statutory lease. If they have paid rent after the expiry date for a number of years that’s the case.
Have they served a notice unt L&T Act? If not they continue under passing terms?
The best they can do is argue a tenancy at will, but the new code clashes with the landlord having any will to effect

Kopf Schmerz

17:49 PM, 11th April 2024, About 2 months ago

Reply to the comment left by Aric at 11/04/2024 - 10:58You can charge them to do that, as a service charge at cost or comparable cost. Or don’t do it ! Unless your lease states otherwise, of course

Aric

10:28 AM, 12th April 2024, About a month ago

Thank you for pointing me at the right direction.

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