Over recent months we have completed new Code agreements on three telecoms rooftop sites throughout the UK. The transactions have involved a vacant office building, a busy industrial estate and a care home.
With operators having the right to gain internal access to buildings to reach their rooftop equipment, each client stated that careful consideration of their occupants was of utmost importance during our negotiations for a new Code agreement at their premises. Issues included ensuring a vacant building that was ripe for future development, remained secure and insurance-compliant, that users of an estate had unencumbered access to their units and guaranteeing the protection of vulnerable residents was upheld.
In each of these transactions, once we had set out the “real term” scenarios at each of these buildings and the likely adverse impacts that could occur if an operator pressed for their Code rights, the respective operators agreed to change their stance. More often than not, we find that when an operator is made entirely aware of such unique situations, they will seek to reach an amicable compromise as part of early negotiations in order to retain good working relationships with site providers.
As the operator’s contractors had to access their equipment through the empty office building, until it became occupied again the operator agreed to report any concerning issues noted during visits to our client as well as agree to indemnify them against potential break-ins following visits which may leave the building unsecure.
Agreement to restrict scheduled site visits to out of usual business hours at the industrial estate and general equipment inspections to be made by drones resulted in increased costs to the operator but minimised disruption to our client and their other tenants.
All access requests at the care home were agreed to be made well in advance and all contractors had to be DBS checked, carrying proof of this at each visit to the building, even where emergency access is necessary. Negotiations also successfully gained the operator’s agreement to provide annual Fire Risk Assessments which fell in line with the client’s own FRA. These measures were essential in securing the occupants’ safety and wellbeing.
In addition to the above, we were also successful in negotiating higher rent amounts than initially proposed by each operator, and at higher levels than have been set in recent Tribunal cases. Each client was satisfied that they had received the best professional support throughout their renewals, with one saying “Helen’s help and guidance when negotiating our mobile mast contract was invaluable. Her involvement both increased the amount of rent we were able to obtain and gave us the comfort that we were doing the right thing.”
