Communication breakdown


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This article was published in RICS Property Journal, March-April 2016 edition

Thekla Fellas and Wayne Clark review a case that exposed flaws in the Electronic Communications Code and examine the proposed new code

It is agreed by both practitioners and judges who deal with the Electronic Communications Code (the code) that it is unclear and provides little or no certainty for landlords or operators. There is little case law available to assist interpretation of the code, and what there is does not provide much guidance. An unreported case at Cambridge County Court in 2015 highlighted the problems with the current code and has sparked debate in the legal press about a landlord’s ability to serve a notice under paragraph 21 of the code for removal of electronic apparatus where Part II of the Landlord and Tenant Act 1954 (the 1954 Act) applies.

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