Landowners and occupiers may be approached by a telecoms company requesting a site for their apparatus. At this stage it is wise to seek professional advice to ensure the landowner's interests are protected in any negotiations.
Telecoms companies require mast sites to provide network coverage to an area or to account for new developments in technology. In most cases agreement is sought with a landowner and a lease is entered into to provide a suitable site. However, landowners should be aware of the power telecoms companies have if agreement is not forthcoming or once the telecom company is in occupation.
Under the Telecommunications Act 1984 (The Telecoms Code), as amended,Telecoms companies have the power to go to Court to require consent from landowners/occupiers to occupy their land. Once the telecom company is in occupation of a site, they then have a statutory right to remain, subject to fulfilling relevant criteria.
Many Telecom sites have by now been occupied for several years. Consequently, the lease/licence may be due for renewal. Alternatively, the lease could provide for a rent review - which may have been forgotten about.
Kirkby & Diamond Chartered Surveyors have considerable experience acting for clients in relation to Telecom rent review and lease renewals. In addition, our surveyors are negotiating terms for clients as a result of Network Consolidation (the sharing of networks by Vodafone and O2; H3G and T-Mobile). Accordingly, Kirkby & Diamond is well placed to act on behalf of landowners and affected parties.