The Telecoms Industry

COMMON PROBLEMS

Recurring problems generally arise in two areas; the operator tenancy itself; and operator removal.

In relation to the first, the landlord’s problem is probably that he does not know if he has a problem. Is the lease defective? Are there outstanding rent reviews? Is the tenant in breach? Can the tenant site share/add additional equipment/upgrade (whatever it is asking)? If the lease has come to an end but the tenant is still paying rent, what is the landlord’s position? Etc.

b) where the landlord needs to remove an installation, each situation has to be considered individually, and very early – as early as possible before the date vacant position is required. It is impossible to guarantee vacant possession in advance where telecoms installations are concerned – but this is what the developer will require before purchasing land. Operator agreement, fairly complicated legal structures and amendments to the sale and purchase documentation, plus potential financial incentives (payable by the developer? By the landowner?) will be needed. Even if the landlord just wants his property back, he will need to take action.

Whatever the problem, litigation should only be considered as a very last resort, and only where insurance is available. Negotiation is the best way forward, and landlords should be prepared to take a pragmatic view. Contact us. We will provide free preliminary practical advice and if instructed, will almost certainly be able to help.