Cornerstone Telecommunications Infrastructure v Ashloch Ltd & Anor (Rev 2)

Cornerstone Telecommunications Infrastructure v Ashloch Ltd & Anor (Rev 2)

The Upper Tribunal does not have jurisdiction under Part 4 of the Electronic Communications Code to impose Code rights in favour of an operator already in occupation under a tenancy protected by Part II of the Landlord and Tenant Act 1954 granted before the Code came into force. Only the occupier can confer Code rights, and the transitional provisions preclude retrospective application of the Code to such existing agreements.

Parties
Appellant: Cornerstone Telecommunications Infrastructure Ltd; 1st Respondent: Ashloch Limited; 2nd Respondent: AP Wireless II (UK) Limited
Jurisdiction
England and Wales
Judgment Date
29 January 2021
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
Electronic Communications Code, Landlord and Tenant Act 1954, Transitional Provisions, Jurisdiction, Code Rights, Lease Renewal
Telecommunications Law Land Law Property Law Electronic Communications Code Landlord and Tenant Act 1954 Transitional Provisions Jurisdiction Code Rights +1 more

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Parties

Cornerstone Telecommunications Infrastructure Ltd

Appellant

Ashloch Limited

1st Respondent

AP Wireless II (UK) Limited

2nd Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the Upper Tribunal has jurisdiction under Part 4 of the Electronic Communications Code to impose Code rights over land in favour of an operator already in occupation under a tenancy granted before the Code came into force and continuing under section 24(1) of the Landlord and Tenant Act 1954
  2. 2 Whether the Tribunal can impose a Code agreement pursuant to paragraph 20 of the Code where there is an existing 1954 Act protected tenancy

Ratio Decidendi

The Upper Tribunal does not have jurisdiction under Part 4 of the Electronic Communications Code to impose Code rights in favour of an operator already in occupation under a tenancy protected by Part II of the Landlord and Tenant Act 1954 granted before the Code came into force. Only the occupier can confer Code rights, and the transitional provisions preclude retrospective application of the Code to such existing agreements.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.
  • The decision of the Upper Tribunal is upheld.