Licence to Thrill (Property Lawyers): EE and H3G v AP Wireless II
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What is the central dispute in EE & H3G v AP Wireless II?
Hello and welcome to a newsflash episode of Unpacking the Case, the podcast by David Jones Bold, the real estate law specialist. As always, I'm joined by our head of legal training, Richard Snape. Hello and welcome to Unpacking the Case, the podcast where we break down the latest cases affecting the real estate sector. Today we're looking at EE and Hutchison 3G and AP Wireless 2. A case examining whether telecoms operators were occupying sites under leases or licenses, and why that distinction could have significant consequences under the Landlord and Tenant Act nineteen fifty four. As always, I'll be joined by Richard Snape, who'll explain what happened, why the courts reached the decision they did, and what the ruling means for landowners, telecoms operators, investors and property professionals.
So whether you're involved in telecoms infrastructure or simply enjoy a good leases versus licence argument, let's unpack the case. Hi Richard.
Hello, Livy, and how are you?
I'm very well, thank you, on this sunny Friday morning. Ready to talk about a new first tier tribunal case from the eighth of July. The case is EE and H3G and AP Wireless 2. It's all about communications equipment, but I think we're going to dwell on the landlord and tenant at 1954 elements of the arguments. And we've heard the name AP Wireless a few times. That's been topic of a few podcasts, I think. So can you give us the background? Who are they? What's this all about?
Well AP Wireless uh m multinational body, a subsidiary of uh another organisation, a huge organization, and why they feature in all these communications equipment cases is because they basically usually take unintermediate leases from the from the the landowners and get the the rental from the premises from the from the operators. And the reason we've had so many cases about them is basically it's a complicated area and as to be mentioned we'll leave off the the electronic communications code and the likes. But the Digital Economy Act uh of twenty seventeen came into force on December the twenty eighth of that year. And if you get an agreement within the Fifty Four Landlord and Tenant Act, prior to that date, you any lease renewals will be under the Fifty Four Act.
Which is more favourable in terms of rentals and the likes to the landlords, whereas if it's from that day onwards it's much, much more favorable in terms of the rental to the the leaseholders. That's why we've had all these debates about whether the fifty-four act applies, but it's much more general that you know I think we're it's got messages under the Fifty Four Act generally, you know, 'cause to come up in the Fifty Four Act under section twenty three of the Act you have to occupy under a lease, at least partly for business purposes, and it's got to be a lease as opposed to a license. And leases require exclusive possession for a term at a rent. And that's uh what quite a few of the cases we've discussed before and about
you know, whether their tenancies will and whether they're actually leases because there's a fixed maximum duration or not, as the case may be. But that's the background.
How does the Digital Economy Act 2017 affect lease‑vs‑license analysis?
That's why I'm not sure.
So now now we're back talking to them about them again. What's the arguments on this case? What what's gone on?
Well, there's there's eight different sites uh uh involved. Five of them have got sort of fifty four land or antenna tax uh implications. The first one, the first premises, was a place called Edward House in Stockport, in the middle of Stockport, which I do know. And it was looks like commercial premises, but it's residential block of flats. It used to be commercial premises. It was converted. But like a lot of these premises, they have got uh mobile phone musts on the roof. And the agreement started off in in September of uh two thousand and three, although the case, the report says twenty twenty three. And I'm assuming that is well, it is wrong. Uh but so two thousand and three. And uh they uh another of the case is a place called Moseley Court, where Mosley is misspelt in the in the the report, which is in Birmingham lock of flats in Birmingham.
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Chapters
6 chapters
1
What is the central dispute in EE & H3G v AP Wireless II?
0:00–3:21
2
How does the Digital Economy Act 2017 affect lease‑vs‑license analysis?
3:21–6:04
3
Why does the 1954 Landlord and Tenant Act matter for telecom sites?
6:04–8:56
4
What are the key facts of the eight sites (Edward House, Moseley Court, Palace Bingo, etc.)?
8:56–11:29
5
How did the tribunal decide the agreements were licences, not leases?
11:29–12:34
6
When does a deed of variation create a new lease under the 1954 Act?
12:34–13:18
Speakers
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