*NEWSFLASH* Another AP Wireless II v On Tower
- Davitt Jones Bould
- Sep 17
- 3 min read
In this Newsflash episode, Lizzie Collin is joined by Richard Snape, Head of Legal Training at Davitt Jones Bould, to analyse the recent First-tier Tribunal decision in On Tower v AP Wireless II.
This important case raises significant questions for both landlords and tenants in relation to periodic tenancies and tenancies at will, as well as their interaction with the Landlord and Tenant Act 1954 and the Electronic Communications Code.
Richard and Lizzie discuss:
How the Tribunal approached the distinction between a periodic tenancy and a tenancy at will.
Why this distinction matters when determining security of tenure under the 1954 Act.
The wider implications for operators and landowners in the telecoms sector, particularly where the Electronic Communications Code applies.
Practical takeaways for landlords, tenants, and practitioners dealing with lease renewals and electronic communications agreements.
The case highlights ongoing uncertainty in this area of law and demonstrates the need for careful drafting and strategic advice when negotiating property rights. For those advising on commercial property or telecoms infrastructure, this episode provides valuable insight into how the courts are likely to treat such disputes going forward.
Other Cases Mentioned:
Mannai Investment Co. Ltd v. Eagle Star Assurance [1997]
Smoke Club Ltd and others v Network Rail Infrastructure Limited [2021]
Valleyview v NHS Property Services [2022]
Wheeler v Mercer [1956]
Training & Free Webinars for Property Professionals:
Would you like to keep up to date with the latest in real estate law? Davitt Jones Bould offers legal training tailored to your organisation’s needs, delivered in person across the UK or remotely. We also run free monthly webinars through for surveyors, solicitors, and property professionals across sectors. To sign up or learn more, visit our events page here or email djb.events@djblaw.co.uk for information and booking.
This podcast is for informational purposes only and is not intended to provide legal or professional advice. No liability is accepted by Davitt Jones Bould for any reliance placed on its content.
ABOUT DAVITT JONES BOULD:
Davitt Jones Bould is a national law firm that specialises entirely in real estate. The firm has offices in London, Manchester and Birmingham ensuring truly national coverage. The firm is renowned for its high quality legal work and service.
We only recruit experienced lawyers with excellent calibre. As a result, our legal team of around 70 lawyers have an average post-qualification experience that exceeds 25 years. Most have joined us from other City firms, in-house departments and/or senior roles. Our lawyers have advised some of the UK’s most significant land owners including Barclays Bank, HSBC, Credit Suisse, Rolls Royce, The Royal Parks, The Cabinet Office and The Crown Estate. This focus on quality only has led to a 50% male and female Partner rate.
All of our clients are provided with a dedicated client care professional at no extra charge, which ensures that they receive the highest standard of service at all times.
Davitt Jones Bould is regularly selected to advise on high profile projects such as the hosting of the London 2012 Olympic Games by The Royal Parks and the first Sukuk Bond to be entered into by a Western Government on behalf of HM Treasury. Based in London at The Shard and also Manchester and Birmingham, we have a national presence.
The firm enjoys top tier rankings in all of the main directories, as well as receiving many awards.
