FTT only to hear 1954 Act renewals of telecoms sites

New Regulations (the Product Security and Telecommunications Infrastructure Act 2022 (Conferral of Tribunal Jurisdiction under the Landlord and Tenant Act 1954 etc.) Regulations 2026) have been published, which provide for the First-tier Tribunal (FTT) and the Upper Tribunal – rather than the County Court - to hear Landlord and Tenant Act 1954 (1954 Act) renewals of telecoms sites (click here to read the Regulations). 

The provisions in the Regulations will come into force on 30 July 2026 and apply to England and Wales.  They will not apply to proceedings which were commenced before 30 July 2026 – these proceedings will continue in the County Court.  

The Regulations also apply to any proceedings under section 34B of the 1954 Act, which relates to compensation for the exercise of Electronic Communications Code (Code) rights.

The Regulations are best understood as a change of forum, rather than a substantive reform of telecoms renewal law and should make 1954 Act telecoms renewal disputes more efficient. Currently, the substantive occupation and renewal dispute may be telecoms-specific, but the renewal application is dealt with under the ordinary 1954 Act procedures in the County Court. The FTT is likely to be better placed than the County Court to deal with the valuation, site access, apparatus, upgrade/sharing and Code related issues that tend to arise.

What has changed?

• The Forum: qualifying 1954 Act telecoms renewal proceedings will be heard in the FTT or Upper Tribunal rather than the County Court.
• The Jurisdiction: the FTT will have jurisdiction where conferring rights under the Code is the primary purpose of the relevant tenancy being renewed. 
• The Costs Regime: parties should consider their costs strategy.  If the FTT costs regime applies in the ordinary way, the parties will pay their own legal costs and expenses although the Tribunal can occasionally order one party to pay the other's costs if specific conditions are met.  In the County Court, the successful party can be ordered to pay the other party’s costs.
• Evidence: parties should also consider their approach to evidence.  The FTT might be receptive to more detailed technical evidence than the County Court.  For example, on valuation, apparatus, access, upgrade, sharing and redevelopment.

What hasn’t changed

• The 1954 Act: the Regulations have not changed anything about the underlying machinery of the 1954 Act lease renewal regime.
• Deadlines under the 1954 Act remain crucial – the jurisdictional change does not relax the need to issue the renewal application in time.

For more detail about the Regulations, or for advice on telecoms issues, please contact Martin Garner, head of the Telecoms Team at CMS or Senior Associate Charlotte Green.