Last year the Upper Tribunal held that holders of concurrent leases that are subject to pre-existing Telecoms Code agreements cannot be treated as a ‘party to the agreement’, effectively sterilising their ability to terminate or modify/renew those Code agreements. Concurrent leaseholders requiring the removal or relocation of telecommunications equipment to facilitate a development were particularly badly affected, as they were left at the mercy of the operators, or faced with costly revisions to adapt their scheme around the apparatus and associated rights. The Court of Appeal has unanimously overturned the Upper Tribunal’s decision, bringing welcome relief and clarity for both site providers and telecoms operators.

Falcon Chambers Arbitration has recently published three awards under the Commercial Rent (Coronavirus) Act 2022, that provide welcome guidance on the interpretation and application of the 2022 Act.