A black hole in the telecoms code: operators occupying under old agreements left without any protection

The Upper Tribunal has, reluctantly it is fair to say, found that telecoms operators in situ under agreements granted under the old Code but which expired before the new Code came into force have no Code protection and are unable to apply for fresh Code rights. This leaves a landowner free to serve a removal notice on the operator and gives the operator no option other than to leave. There is no requirement on the landowner to prove redevelopment; no lengthy notice periods; and in this case, no 1954 Act rights for the operator either.

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