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A matter of intention

Mark Reading and Isabel Lich analyse the first application of the Franses conditional intention test for landlords in the context of telecommunications

13 September 2019

In the recent case of EE Ltd and Hutchison 3G UK v Meyrick 1968 Combined Trust of Meyrick Estate Management [2019] UKUT 164 (LC), the Upper Tribunal (the tribunal) had to consider a landowner's objection to the imposition of rights pursuant to the Electronic Communications Code.

The Code creates rights for mobile telephone network operators to keep and use telecommunications equipment on land. In this case, the operators' application for code rights was challenged on the basis that the landowner intended to redevelop the land in question.

The landowner was unsuccessful as it was not found to have the requisite intention as its redevelopment plans were plainly "conceived in order to defeat the claim for Code rights".

In reaching its conclusion, the tribunal considered and applied case law generated in relation to section 30(1)(f) of the Landlord and Tenant Act 1954 (the 1954 Act), commonl...

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