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Introduction
Introduction
If a telecommunications operator unsuccessfully applies to the court under Part 2 of the Landlord and Tenant Act 1954 for a new tenancy of a mast site, can the operator then ask the tribunal for an order imposing a new tenancy of the same site under Part 4 of the Electronic Communications Code?
In the First-tier Tribunal, Property Chamber (the FTT), Judge David Jackson decided that the operator could validly seek such an order and he refused an application by the owner of the site to strike out the operator’s claim. He granted the owner permission to appeal.
The mast site is on the roof of The Hive, a block of flats in Northfleet which is owned by the appellant, Gravesham Borough Council (“the Council”). It was represented at the hearing of the appeal by Mr Jonathan Wills. The operator is On Tower UK Ltd (“On Tower”), which was represented by Mr Oliver Radley-Gardner KC. Cases under the Code are always tricky, and I am grateful to both Counsel and their instructing solicitors for their assistance in unravelling this one.
- Heading
- Introduction
- The issue
- The facts
- The relevant provisions of the Code
- Grounds of appeal
- Ground 1: Does the Code prohibit an operator which has exhausted its rights of renewal under the 1954 Act from making a further application under Part 4?
- Ground 2: Was On Tower’s application under Part 4 of the Code an abuse of process and should the reference be dismissed?
- Ground 3: Was On Tower prevented from serving a valid paragraph 20/27 notice on 17 February 2023 because its tenancy was still being continued by the 1954 Act?
- Conclusions