Vodafone v. Potting Shed Bar and Gardens Limited  EWCA Civ 825
The Claimant operator, Vodafone Limited, had a 2003 lease (“the Lease”) of a communications site in Bingley, West Yorkshire (“the Site”). The grantor was the then freeholder, Public Limited (“Publico”) and the Lease was excluded from Part II of the Landlord and Tenant Act 1954. The Lease permitted Vodafone to use a communications tower, antenna and other apparatus on the Site.
On 22 June 2018, the subsequent freeholder, Potting Shed Trading Limited, granted a concurrent lease of the Site to AP Wireless II (UK) Limited (“APW”) for a term of 40 years. The grant was for a substantial premium and the rent was a peppercorn. As the concurrent lessee, APW was entitled to the rents and profits of the land and the benefit of the covenants in the Lease from the beginning of the concurrent term.
In November 2018, the contractual term of Vodafone’s Lease determined, but the telecommunications operator had protection under the 2017 Communications Code (“the 2017 Code”) because it had an agreement in writing that did not have 1954 Act protection at the time when the 2017 Code came into force (as provided for in the transitional provisions).
To read the full article by Matthew Shore and Justin Kitson press on this link.