LANDLORDS who cannot resist the cash made from leasing rooftops or unused land to mobile phone companies are being warned that their plans could backfire.
Manchester law firm Glaisyers say that a little-known part of the law can give unacceptable rights to phone companies.
Commercial property partner Mike Charlesworth said: "Phone companies could enforce the Telecommunications Code which would allow them to keep their phone mast up long beyond an agreed lease term
"The code effectively gives the phone company the right to remain on site against the owner's wishes, even if the lease has expired and the right to a new lease has been excluded by a court order. Mobile phone companies can obtain the right to stay even when negotiations break down and no documentation is ever signed..
"Code powers cannot be excluded as a matter of law. It is imperative that potential site providers get specialist legal advice before they enter into negotiations with mobile phone companies. What seems simple can turn into a headache is the wrong deal is struck."
and circumstances change."
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