ECC para 21 post-forfeiture: CPR 55 possession, 14-day defence?
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Q&As
Electronic Communications Code (the Code)
It is taken that a headlease has been forfeited, with any sub-leases granted under it likewise brought to an end. The Electronic Communications Code (the Code) referenced is the version produced by the Law Commission in 2013. As the Q&A observes, the operator’s lease was terminated by forfeiture and, thereafter, it is assumed the freeholder required the equipment to be removed, so a paragraph 21 notice had to be served. Paragraph 21 of the Code states that, where no agreement is in place or it is shortly to come to an end, the freeholder requires an order authorising removal of the telecommunications apparatus located on the roof of the freeholder’s property...
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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 ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...
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