Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Lease definition

What does Lease mean? In practice, a lease is an agreement by which a landlord grants a tenant exclusive possession of land or premises for a period, usually for rent. It creates the landlord–tenant relationship and a proprietary estate/right, unlike a licence. Across England & Wales and Northern Ireland, the test (Street v Mountford) centres on exclusive possession and a term certain; rent is not essential. Leases over three years generally require a deed; longer terms are registrable (in E&W, over seven years). Business tenancies may attract statutory security of tenure (E&W: Landlord and Tenant Act 1954; NI: Business Tenancies...

Telecoms leases and the previous Electronic Communications Code: drafting and due diligence on termination and removal, alteration, contracting out, redevelopment, alienation, LTA 1954/LTA 1987 interplay, registration and transitional issues

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Practice notes

ARCHIVED :

This archived Practice Note was prepared by reference to the earlier/old electronic communications code (the previous Code) and, where premises might be affected by telecommunications leases governed by the previous Code, it flags drafting considerations and due diligence points where relevant. Nevertheless, its substance still has relevance for the purposes of the transitional arrangements in the new Code. It is not updated and is supplied solely as background information purposes only. The new Code (found in Schedule 3A, Part 1 to the Communications Act 2003) took effect on 28 December 2017. Under the transitional provisions in the new Code, set out in Schedule 2 to the Digital Economy Act 2017, subsisting agreements made under the previous Code (ie an agreement pursuant to paragraph 2 or 3, or a court order conferring Code rights under paragraph 5 of the previous Code) continue to operate as agreements under the new Code, but subject to amendments and modifications, including as to termination of certain subsisting agreements. Those transitional provisions also preserve, as appropriate, the operator’s or the landowner’s ability to rely upon relevant provisions of the previous Code, including making a paragraph 5 application to obtain a court order for a...

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Web page updated on 22/05/2026

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Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...

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