The Code
Telemaster’s interpretation and understanding of the old and new telecommunications code underpins every aspect of advice we provide to our clients

The Code

Telemaster remains optimistic about the future of rents. We are working very hard to ensure mast site income is protected, and the new valuation approach is defined in a way which will reduce the risk of rent decreases.

The mast operators will almost certainly issue strong letters to some landlords with veiled threats of the removal of masts unless lower rents are agreed. They may write to you with requests to enter negotiations for a new code agreement. Please take impartial professional advice before you respond.

The hard facts!

  • The new telecoms Code rules came into force on 28th December 2017.
  • Any new agreement entered into after 28th December will give the mast operators additional sharing and upgrade rights SUBJECT to certain conditions.
  • The majority of the new rules will not be retrospective.
  • Mast rent valuation rules have changed.
  • The operators will still have to pay rents for their sites.
  • Agreements will no longer have double security of tenure protection which operators enjoyed under the old Code and the Landlord and Tenant Act 1954. Agreements can now only have one or the other, with the default being Code protection.
  • The new Code should present a more fluid operator removal process (we hope!)
  • Beware! There are no lift and shift provisions in the new Code.
  • All aspects of the new Code are mandatory and cannot be contracted out by the parties.
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