Renegotiating Phone Mast Agreement

[Robert]

We seem to have reached an impasse regarding the renewal of the above with Arqiva. 5 Year offer on the table is bearable, but really wanted the security of 10 years. Given the industry's supposedly imminent upheaval however, perhaps its best to take what's on offer, or the alternative is probably to sell the site to a specialist? Need to update the valuation and take a more informed view but if you can share any thoughts or recent similar experiences, i'd appreciate it, thanks.

 

[Dolomite]

Put the ball in their court, done it several times with pylons here. Either your terms and fee or they can remove it. If it's your land and you can you are entitled too. Well that was our situation and stance when it came too. They soon agreed to our proposal. Does anything in the first agreement stop you from making them remove it off the site?

 

[Robert]

Unfortunately the telecoms industry is very protected despite it being a tenancy, so no - the power is in their hands and it's difficult to find any leverage at all.

 

[Dolomite]

Do you have a good land agent you can use to pick his brains then? Do they have an access agreement? Could make it hard for them to service it and repair etc.

 

[caveman]

Unfortunately the telecoms industry is very protected despite it being a tenancy, so no - the power is in their hands and it's difficult to find any leverage at all.

Yep.
Basically..... if the tenancy term has come to an end..... there's no way you can get them off if they want to stay.

 

[Hampton]

Do you have a good land agent you can use to pick his brains then? Go for an independent if you can. On things like this I don't trust the big ones, Brown & co, Savils etc. I always assume they will be in the pockets of the big man as they have more to gain that way. Do they have an access agreement? Could make it hard for them to service it and repair etc.

Robert Paul strutt and Parker
Dave Lancaster Savils

 

[Hampton]

Unfortunately the telecoms industry is very protected despite it being a tenancy, so no - the power is in their hands and it's difficult to find any leverage at all.

Phone mast agreement: 3 words in the English language likely to make me very angry, very quickly.

 

[Jack]

We are in negotiations with Arqiva's agents at the moment, they have offered to increase the yearly rent from £4750 up to £6000, contribute £2500 towards our professional fees and another £1000 if completed in 3 months. What sort of amounts do others receive and does it seem strange they are offering an extra grand for a quick completion.

 

[Pheasant Surprise]

We are in negotiations with Arqiva's agents at the moment, they have offered to increase the yearly rent from £4750 up to £6000, contribute £2500 towards our professional fees and another £1000 if completed in 3 months. What sort of amounts do others receive and does it seem strange they are offering an extra grand for a quick completion.

A grand is very quickly gobbled up in professional service fees. That's not even day rate for some.

 

[Robert]

We are in negotiations with Arqiva's agents at the moment, they have offered to increase the yearly rent from £4750 up to £6000, contribute £2500 towards our professional fees and another £1000 if completed in 3 months. What sort of amounts do others receive and does it seem strange they are offering an extra grand for a quick completion.

What length of agreement are they keen to get you locked in to?

 

[Jack]

Not mentioned but will speak to my agent monday

 

[holwellcourtfarm]

Has anyone reached a new agreement under the new telecoms code yet? We have 5 years left on ours and I'm keen to avoid a huge drop in rental.

 

[jre]

Just starting to go through the process. Received a new agreement to sign within 42 days!!!. Previous rent was 5000/yr they are now offering 1500 and saying that is a lot more than i would get if it went to arbitration. Feel like telling them to take it away. Will phone agent up on monday and see what he has to say. That is with Arqiva.

 

[Pheasant Surprise]

I had a fee discussion with Arqiva about how much it would cost to rent antenna space on their various towers and properties they manage for a project I’m working on.

It was enough to make your eyes water.

So someone, somewhere along the line is collecting a very rude bonus indeed.

 

[beefandsleep]

I had a fee discussion with Arqiva about how much it would cost to rent antenna space on their various towers and properties they manage for a project I’m working on.

It was enough to make your eyes water.

So someone, somewhere along the line is collecting a very rude bonus indeed.

Are you in a position to give more detail?

 

[Pheasant Surprise]

Are you in a position to give more detail?

In broad terms, annual rental for antenna space is based on a combination of power output and antenna size. I’d have to dig up the specifics, but let’s just say a single antenna (not mobile phone) annual rental can run into the thousands and that’s before any other Ofcom licensing or other charges.

 

[beefandsleep]

I have told them that I have no problem with letting the current agreement continue on a rolling basis as there is provision fo this in the original agreement. No need to renegotiate a new fee. Their offer was derisory. If you are unreasonable I.e telling them to remove their equipment, then they can go to arbitration and will likely be able to have their terms imposed on you with a totally one sided agreement re access and no 3rd party rental fees.
What could be more reasonable than saying that you are quite happy with the current arrangement thank you very much and are happy for it to continue.

 

[jre]

The new contract is all one sided and its all their side.

 

[beefandsleep]

So don’t sign it, you already have an agreement.

 

[beefandsleep]

Even if they ultimately take you to arbitration and have their terms imposed, until that happens they are still tied to the existing agreement and will owe you the existing rental amount plus third party fees. Their new offer is so pathetic that the longer you can hold them off the better. I am about 15 thousand better off over what I would be if I had rolled over and signed the first contract they sent. They are paying my agents fees who has been instructed to string them along for as long as possible and not to accept any agreement that pays less than the existing one. Don’t start being difficult by denying access or telling them to remove equipment or you have lost.