Phone Mast Tribunal Threat

[Robert]

Finally had a letter from our phone mast operator threatening a tribunal unless we accept their future rent offer which is 20% of the old base rent let alone the payaways which i accept are a thing of the past. I note the Compton Beauchamp case but is there any other more recent information which would offer some confidence for landowners to stand firm / accept a tribunal? Thanks

 

[Chasingmytail]

I would speak to legal team either CLA/NFU better to get the facts straight.

 

[Hampton]

It’s all very hush hush at the moment.
I know some land agent firms are avoiding mast work all together. Thought the Compton Beauchamp case would have set precedents but if it has, it’s not a precedent in our favour!
mine expires next year, when did yours expire?

 

[Robert]

Ours expired 3 years ago; extensive work went into preparing a new lease ahead of that point but they procrastinated through that deadline and way beyond until it became clear they were waiting for the new legislation............

 

[Brisel]

Finally had a letter from our phone mast operator threatening a tribunal unless we accept their future rent offer which is 20% of the old base rent let alone the payaways which i accept are a thing of the past. I note the Compton Beauchamp case but is there any other more recent information which would offer some confidence for landowners to stand firm / accept a tribunal? Thanks

Get an agent with experience of dealing with telecoms operators and don't be bullied by them. The operator will also have to pay your agent's reasonable fees so you have much to gain here.

Stall the operator for as long as you can - they are still liable for the old rental level so you can see why they are pushing for you to accept the lower new rent. The Compton Beauchamp case went against the operators on appeal too in the Lands Tribunal. CTIL and the other mast operators are currently licking their wounds and working out what to do next. Is the new agreement offer with a different operator? If so, they have no right to impose an agreement on you. Though CTIL are a JV between O2 and Vodafone, they are a separate entity which means they have no such right - this was another point to come out of the appeal. It also jeopardises the future of CTIL...

 

[Hampton]

Get an agent with experience of dealing with telecoms operators and don't be bullied by them. The operator will also have to pay your agent's reasonable fees so you have much to gain here.

Stall the operator for as long as you can - they are still liable for the old rental level so you can see why they are pushing for you to accept the lower new rent. The Compton Beauchamp case went against the operators on appeal too in the Lands Tribunal. CTIL and the other mast operators are currently licking their wounds and working out what to do next. Is the new agreement offer with a different operator? If so, they have no right to impose an agreement on you. Though CTIL are a JV between O2 and Vodafone, they are a separate entity which means they have no such right - this was another point to come out of the appeal. It also jeopardises the future of CTIL...

Have you any idea what rent was eventually settled on in that case?

 

[Brisel]

Have you any idea what rent was eventually settled on in that case?

I'll find out. I'm pretty sure they are still on the old agreement at the previous higher rent. Mrs Brisel was talking to the agent acting for Compton Beauchamp, along with the NFU, CLA and lots of other interested parties. That case got a lot of attention, as does every test case.

 

[PSQ]

Been there with CTIL, and it took a long time for them to get the message that we weren't going to be bullied into their low rent demand at the end of the initial 10 year lease. First phone call from the land agent from the new CTIL: 'lady' with a broad 'Norn Irn' accent telling me that I'm "taking a 40% rent reduction" Ehhh, no, I'm %$*&$#! not!

In the end it was them that caved in, 3 years out of agreement, because they wanted to modify the mast out of the spec agreed in the initial agreement (to bring it up to 4G), so they had to have a new tenancy agreement. And to get a new agreement they had to drop their insulting demands for a rent reduction and agree to a new 15 year lease with a back dated *upward only* RPI rent increase. This was 3 months before the new rules came into play.

I don't think many would tolerate a mast on their land for £250 a year under the new scheme. I suspect quite a few would 'fall over in a wind' if they tried it...

Stand your ground - take no sh!t.

 

[Still Farming]

Recent new legislation made it all worst allegedly for landowners apparently???

 

[Brisel]

Recent new legislation made it all worst allegedly for landowners apparently???

Correct. Guess who wrote the Electronic Communications Telecoms Code? You've guessed it, it was the mast operators. Vodafone spend £80m/year on mast site rents, so you can see why they wanted to reduce their rent expenditure from what was there before down to "agricultural" levels i.e. circa £100/acre for their 10x10m compound. In addition to this, they argued for Compulsory Purchase powers if the event of no deal if it was "in the public interest." This bit is yet to be tested in practice. Mast agreements are to be for the mast, not per user, so your £250/year might be for dozens of users with their own hardware.

 

[Hampton]

I'll find out. I'm pretty sure they are still on the old agreement at the previous higher rent. Mrs Brisel was talking to the agent acting for Compton Beauchamp, along with the NFU, CLA and lots of other interested parties. That case got a lot of attention, as does every test case.

Interesting.
I got the impression that the judge thought the estate were asking for to much (about £9.5k per year) even though it was the same as they were on for the previous 10 years.
Interested as mine come up next year

 

[Brisel]

Read the first link below - Compton Beauchamp Estate offered a 35% reduction in rent

Latest Thinking

Dive into EMW's Latest Thinking - your go-to source for expert insights, thoughtful analysis, and legal trends from our seasoned professionals.

www.emwllp.com

Telecoms: Operator refused order conferring rights over land

Telecoms: Operator refused order conferring rights over land

www.cms-lawnow.com

 

[Woosh]

Neighbour of mine got so fed up with the whole thing he told them to take it away!! It concentrated their minds after that

 

[Still Farming]

Neighbour of mine got so fed up with the whole thing he told them to take it away!! It concentrated their minds after that

Think compulsory purchase is on their side so landowners shafted again for the good of the masses and profits of the telecommunications companies???

 

[Hampton]

Think compulsory purchase is on their side so landowners shafted again for the good of the masses and profits of the telecommunications companies???

thats right. Literally nothing in our favour for having one anymore

 

[Hampton]

Vodaphone have annual mast costs of around 80mil but have annual profits running into the billions and yet the landlords are thought to be the unreasonable profiteerers

 

[Still Farming]

Vodaphone have annual mast costs of around 80mil but have annual profits running into the billions and yet the landlords are thought to be the unreasonable profiteerers

The unions need to address this?

 

[PSQ]

Vodaphone have annual mast costs of around 80mil but have annual profits running into the billions and yet the landlords are thought to be the unreasonable profiteerers

In fairness to them, pay monthly tariffs are falling like a stone! I've just about halved my Vodafone bill last week while increasing 5 sim only phones from 10gb to 20gb. I was on a hard fought discount at the previous renewal, but this time the prices have dropped and I refused the 20% discount they give if you ask for it, and managed 25% off just by mentioning that I was moving to Virgin, who are moving over to the Vodafone network next year ?

 

[bobk]

In fairness to them, pay monthly tariffs are falling like a stone! I've just about halved my Vodafone bill last week while increasing 5 sim only phones from 10gb to 20gb. I was on a hard fought discount at the previous renewal, but this time the prices have dropped and I refused the 20% discount they give if you ask for it, and managed 25% off just by mentioning that I was moving to Virgin, who are moving over to the Vodafone network next year ?

You're the architect of your own destiny then .

 

[PSQ]

You're the architect of your own destiny then .

I am indeed. Last week I also more than halved my BT phone and broadband bill, but that was down to their renewal team who chased me as an out of contract customer, which was very kind of them ?.

Next up is Scottish Power, who are frankly taking the pee. Any recommendations for a *good* business electricity supplier to switch to?