Telecom Mast Lease Renewals – Worth a Review?

If you have a telecom mast on your property and it has not been subject to a recent lease renewal, we would urge you to check the rent review provisions, as it may include an inflation linked rent review clause which has not been actioned. If the rent reviews have been missed, there may be significant back rents that could be claimed.

We have had a great deal of success on such negotiations, with back rents ranging from £10,000 to £45,0000 agreed. It is critically important that the back rent position is considered before any new lease is signed, otherwise the opportunity will be lost.  

In respect of rents under new lease agreements, some common sense is beginning to prevail, albeit the market remains a long way behind where it once was. The Vache Farm decision, heard at the Upper Tribunal in July 2024, awarded a rent of £1,750 per annum for an “unexceptional rural site” and additionally confirmed that earlier Tribunal decisions should be updated in line with inflation. Aside from the rent, at lease renewal the following key terms should be considered:

• Rent Review – including provision for an index linked review during the fixe term.
• Lift and Shift – placing an obligation on the operator to move the mast on the serving of six months notice.
• Redevelopment – reserved right to terminate if the site is to be redeveloped.
• Compensation – reserved right to claim future compensation for any losses.
• Access – ensuring access is without disruption to the landlord.

If you would like a member of our Rural Professional Team to review your existing lease to check if any back rent is due, or if you have been approached by an operator to carry out a lease renewal, please get in touch or contact the Rural Professional Team today.