Costs Recovery for Landowners in Telecoms Disputes

Recent tribunal decisions have marked a significant development in landowners’ ability to recover costs from telecoms operators. The rulings in CTIL v. GHS (GP) Limited and GHS (Nominee) Limited and CTIL v. Chilton Court Residents Association Limited have set important precedents, affirming that landowners can recover both transactional and litigation costs when operators seek access to their property for Multi Skilled Visits (MSVs). Notably, these decisions represent an increase in the awards for costs granted in comparison to previous cases heard by the Tribunal.

What are MSVs and why are they important?

Telecoms operators frequently seek access to land and buildings to conduct MSVs, which are critical assessments to determine whether a site is suitable for housing electronic communications apparatus. These assessments can be either intrusive or non-intrusive and are essential for operators to ensure the viability of a site for future telecoms infrastructure.

While many landowners are reluctant to grant such access, operators are generally entitled to conduct these visits if they satisfy the conditions outlined in Paragraph 21 of the Electronic Communications Code.

Under Paragraph 26(3) of the Code, operators can request interim code rights to perform an MSV by serving notice. Unless landowners have imminent and concrete redevelopment plans, it is challenging to deny this access.

What should I do if I receive an MSV request from a telecoms operator?

It is critical not to disregard an MSV request. Seek expert advice immediately to fully understand your rights and the potential implications. Early intervention is essential for effectively managing the request, safeguarding your interests, and ensuring the recovery of any reasonable costs incurred.

Can I refuse an MSV if I plan to redevelop my property?

If you have immediate redevelopment plans, you may be able to refuse an MSV. However, the Tribunal will assess whether your redevelopment plans are genuine and imminent. If the plans are not well-founded, you may still be required to permit the MSV. Your legal advisor can also discuss and advise you on other ways in which an MSV may be avoided depending on your plans for the site.

What happens after an MSV?

If the operator finds after it has undertaken the MSV that the site is not suitable for the installation of apparatus, no further action will be taken. However, if the considers that the site is suitable to house apparatus, it may want to carry out a further intrusive MSV or seek a new lease of the site to install the apparatus – both of which may require service of further notices and adhering to the Code process.

What costs can I recover if an operator requests an MSV?

The recent tribunal decisions confirm that landowners can recover both transactional and litigation costs associated with an operator’s request for an MSV. This includes costs incurred during negotiations as well as fees if the dispute escalates to tribunal proceedings.

Key tribunal decisions

CTIL v. GHS (GP) Limited and GHS (Nominee) Limited

In this case, the operator sought access to a rooftop property in London to conduct an MSV. Although the parties reached agreements on most terms, costs remained a contentious issue, necessitating tribunal intervention. The landowner was awarded £21,750 out of a claimed £64,500, representing approximately one-third of their incurred costs. This decision aligns with a broader trend of increasing awards, with the tribunal awarding £15,000 in transactional costs, an increase from £11,000 awarded in a similar 2021 case. Litigation costs were awarded in the sum of £6,750.

CTIL v. Chilton Court Residents Association Limited

This case involved a five-story residential block. The tribunal awarded £15,000 for transactional costs, while litigation costs were deferred for later determination. The tribunal also clarified that costs associated with hiring a professional telecoms surveyor are not recoverable under MSV disputes, which will be a bit of a blow for landowners who feel more comfortable knowing their agent is present during an MSV.

These recent decisions mark a notable shift in how tribunals approach cost recovery in telecoms disputes, offering landowners more substantial compensation.

However, they also highlight the complexity of these cases, and emphasising the importance of securing expert legal advice early in the process. Landowners facing MSV requests should seek guidance promptly, as these cases demonstrate that reasonable costs can be recovered, even if not in full. By adopting the right approach, landowners can better protect their interests while navigating the intricate landscape of telecom access rights.

Facing an MSV request? Don’t navigate the complex telecom landscape alone. Contact us today for expert legal guidance to protect your rights.