AP Wireless II (UK) Ltd v On Tower (UK) Ltd [2025] EWCA Civ 971 (25 July 2025)

AP Wireless II (UK) Ltd v On Tower (UK) Ltd [2025] EWCA Civ 971 (25 July 2025)

The agreement did not create a term certain as required by law; the tenancy was void for uncertainty and the court should give effect to the parties' intentions as a contractual licence rather than inferring a periodic tenancy.

Citation
[2025] EWCA Civ 971
Parties
Claimant/appellant: AP Wireless II (UK) Limited; Defendant/respondent: On Tower (UK) Limited
Jurisdiction
England and Wales
Judgment Date
25 July 2025
Procedural Posture
Appeal From Upper Tribunal (lands Chamber) and First Tier Tribunal (property Chamber) / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Certainty of Term in Tenancy Agreements, Interpretation of Lease Agreements, Periodic Tenancy Inference, Contractual Licence Vs Tenancy, Electronic Communications Code
Property Law Landlord and Tenant Law Contract Law Certainty of Term in Tenancy Agreements Interpretation of Lease Agreements Periodic Tenancy Inference Contractual Licence Vs Tenancy Electronic Communications Code

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Parties

AP Wireless II (UK) Limited

Claimant/appellant

On Tower (UK) Limited

Defendant/respondent

Procedural Posture

Appeal From Upper Tribunal (lands Chamber) and First Tier Tribunal (property Chamber) / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the agreement created a term certain for a tenancy
  2. 2 Whether a periodic tenancy should be inferred if the agreement is void
  3. 3 Whether the agreement constitutes a contractual licence

Ratio Decidendi

The agreement did not create a term certain as required by law; the tenancy was void for uncertainty and the court should give effect to the parties' intentions as a contractual licence rather than inferring a periodic tenancy.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed; the agreement is to be treated as a contractual licence.