If you are a tenant in a block of flats and you are struggling to access faster broadband due to an uncooperative landlord, new rights contained in the Telecommunications Infrastructure (Leasehold Property) Act 2021 (‘The Act’) could help.
What does the Act do?
The Act amends the Electronic Communications Code to make it easier for operators to provide broadband to blocks of flats. This is part of the Government’s strategy to reach its target of delivering faster broadband to all users by 2025.
The Act allows operators to apply to the Tribunal for permission to install and operate equipment (such as fibre optic cabling) where they have requested permission from the landowner of a building and have received no response.
When does the Act apply?
An application to the Tribunal can be made where:
- A tenant* has reached out to an operator;
- The operator is unable to provide their service without gaining access permission from the landlord; and
- The landlord has been repeatedly unresponsive** to or uncooperative with the operator’s requests for access.
*the Act only applies to tenants of multiple-dwelling buildings such as a block of flats.
**any written acknowledgement will amount to a response for the purposes of the Act. This includes responses where access permission is refused.
What constitutes ‘a request’?
The service operator must prove that they have tried to contact the landlord but have received no response. The following notices must be served before an application to the Tribunal can be made:
- An initial notice requesting the right to install equipment in the building; and
- Three further warning notices over a period of at least 28 days.
What happens if the application is successful?
If successful, the Tribunal will implement an agreement whereby the operator is allowed temporary access to the building to install and operate their equipment. This agreement is for the benefit of the tenant who initially reached out. However, the operator can extend the service to other tenants in the block provided this does not have an adverse impact on the landlord.
The operator’s right to access will last for 18 months or until a permanent agreement is put in place between the landlord and the operator.
Why is this important?
As a result of the Covid-19 pandemic, more people are now working remotely. Effective telecommunications infrastructure is more critical than ever. The Government hopes that the Act will help to deal with unresponsive landlords quickly and efficiently. In turn, this should mean more tenants are able to access faster broadband in their homes.
For more information, please contact our us on 0345 646 0406 or fill in our online enquiry form and a member of our Team will be in touch.