Whether the Upper Tribunal has jurisdiction under Part 4 of the Electronic Communications Code, to impose Code rights over land in favour of an operator which is already in occupation of the same land under a tenancy granted before the Code came into force; and which is continuing after its contractual expiry date under section 24(1) of the Landlord and Tenant Act 1954. In more precise terms, the UT was answering a preliminary issue framed in the following terms:
‘Whether the Tribunal has jurisdiction to impose a Code agreement pursuant to paragraph 20 of the Code in circumstances where there is an existing 1954 Act protected tenancy in place.’
Judges:
Davis, Lewison, Arnold LJJ
Citations:
[2021] EWCA Civ 90, [2021] WLR(D) 67
Links:
Jurisdiction:
England and Wales
Land, Litigation Practice
Updated: 07 September 2022; Ref: scu.657387
