Signal Strength & Security of Tenure: EE v Clock Tower Investments
Does a telecoms operator need to physically occupy the demised premises for the Landlord and Tenant Act 1954 to apply? According to the Upper Tribunal in EE v Clock Tower Investments Limited [2026] UKUT 163 (LC), the answer may be far more complicated than expected.
In this episode, Richard and Lizzie unpack the surprising decision that a telecommunications lease could still benefit from the protection of the 1954 Act even where the operator did not physically occupy the demised ground itself, instead using adjacent roof space through installation and access rights.
The case raises important questions around what “occupation for business purposes” really means.
Richard discusses:
•Why the Upper Tribunal decided the 1954 Act applied
•The significance of business occupation under the Act
•The difference between physical possession and operational control
•The wider implications for landlords, operators and property lawyers.
Relevant cases:
Land Reclamation Co Ltd v Basildon District Council [1979]
Pointon York Group Plc v Ann Doreen Poulton (2006)
Re No 1 Albemarle Street [1959]
Moody v Steggles (1879)
Re Salvin’s Indenture [1938]
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