Fisher German’s dedicated Telecoms Consultancy team are providing expert advice to landowners across the South West.They advise private, public, and corporate land and property clients on all matters relating to Electronic Communications Infrastructure.
In recent years, the Electronic Communications Code (ECC) has introduced key changes to the relationship between landlords and operators, making it one of the most contentious areas of property law.
Fisher German’s in-depth knowledge of the Electronic Communications Code helps them negotiate terms for new agreements, lease renewals, rent reviews or variations to existing terms and advise on equipment upgrades, termination or relocation of equipment.
A recent case in the South West saw the firm act on behalf of a private landowner in the renewal of a lease to locate and use telecoms equipment on their property.
The unique site featured telecoms equipment attached to a steel-framed platform around the top of a water tower on the landowner’s property. The operator issued terms which would substantially prejudice the landowner’s ability to maintain, repair, operate and use their existing water tower, as well as the adjoining land, with little say in routing and installation of equipment or services to the site or the use of it by third parties.
Declan Oddy, of Fisher German, said: “The initial Heads of Terms proposed to our client disregarded the site’s specific characteristics and were extremely limiting, offering our client no forfeiture break clause and allowing the tenant to have 24/7 access rights without requiring any notice at a heavily discounted rent.
“Citing from recent case law, as well as our substantial experience in working for landlords with telecom sites, we were able to negotiate bespoke Heads of Terms which included an increased rent, obligations and restrictions on the tenant’s rights to protect the client’s use of their water tower and adjoining land.”
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