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Nigel, who is based in the Bedale office of George F White and has extensive experience of telecommunication site leases explains: “the newly merged company – known as “Everything Everywhere Limited” – will probably be looking to transfer contracts made by Orange to the new company. They may also be looking to abandon the masts that they no longer need. So, any landowner that has let a telecoms site to Orange may wish to dust down the lease and look at the smallprint”.

The reason that problems are likely to fall on landlords who have let sites to Orange is due to the way that the companies have been merged and re-named. T-Mobile masts are less likely to present a problem as it has simply changed its name to Everything Everywhere, taking existing leases with it. Orange (which still exists as a registered company) on the other hand may need to transfer the leases that it holds to the new company. If so, this will need to be documented and may require careful negotiation between the new company and the landowner.

Another issue is the possible redundancy of up to 9,000 of Orange’s 13,000 masts. Terms are likely to differ from one lease to another with regard to what happens when a mast is surplus to requirements – it will be worth looking at the compensation provisions (if any) that apply, together with the requirements for notices to be served and what is to happen to the redundant apparatus. As Nigel points out, some of the older leases may not have spelt this out: “if drawn up ten years ago or more, it may be that little thought at that time was given to the scenario of a mast becoming surplus to requirements. On the basis that being forewarned is to be forearmed, it would be as well to study the lease to see if and how it provides for an early termination of the lease in the event that the apparatus becomes redundant. Even if the contract provides for the disposal of any equipment and restoration of the site, the landowner may have other uses in mind and the new company may prefer simply to walk away and save themselves the cost of restoration”.

Check Your Lease.

“Now is the time to check your lease. I would suggest that landowners are proactive and it may be appropriate to approach Everything Everywhere to make sure that the best terms are negotiated with the new company. If people are unclear on any of these issues, we at George F White can also advise as to how best to proceed”.

Everything Everywhere Limited aims to give better mobile coverage to its customers – it will now cover 96% of the UK and make considerable savings due to the merger.

George F White has offices in Alnwick and Tyne Valley in Northumberland, Wolsingham and Barnard Castle in County Durham, Bedale in North Yorkshire, Shiptonthorpe near York and Park Lane in London. www.georgefwhite.co.uk.  Nigel Forster is based in the BEDALE office of George F. White and can be contacted on 01677 425 301.