AP Wireless II (UK) Limited v On Tower (UK) Limited

AP Wireless II (UK) Limited v On Tower (UK) Limited

The agreement did not create a term certain as its duration could not be ascertained at inception; therefore, the purported tenancy was void and took effect as a contractual licence, not as a periodic tenancy.

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
Civil Appeal / Judgment on Appeal From Upper Tribunal (lands Chamber)
Outcome
appeal dismissed
Legal Topics
Certainty of Term, Tenancy Vs Licence, Periodic Tenancy, Interpretation of Agreements, Termination Clauses
Property Law Contract Law Certainty of Term Tenancy Vs Licence Periodic Tenancy Interpretation of Agreements Termination Clauses

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Parties

AP Wireless II (UK) Limited

Claimant/appellant

On Tower (UK) Limited

Defendant/respondent

Procedural Posture

Civil Appeal / Judgment on Appeal From Upper Tribunal (lands Chamber)

Legal Issues

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

Ratio Decidendi

The agreement did not create a term certain as its duration could not be ascertained at inception; therefore, the purported tenancy was void and took effect as a contractual licence, not as a periodic tenancy.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed; agreement takes effect as a contractual licence.