Unintended Security of Tenure: Another AP Wireless II v On Tower

In this Newsflash episode, Lizzie Collin is joined by Richard Snape, Head of Legal Training at Davitt Jones Bould, to analyse the recent First-tier Tribunal decision in On Tower v AP Wireless II.This important case raises significant questions for both landlords and tenants in relation to periodic tenancies and tenancies at will, as well as their interaction with the Landlord and Tenant Act 1954 and the Electronic Communications Code.Richard and Lizzie discuss:How the Tribunal approached the distinction between a periodic tenancy and a tenancy at will.Why this distinction matters when determining security of tenure under the 1954 Act.The wider implications for operators and landowners in the telecoms sector, particularly where the Electronic Communications Code applies.Practical takeaways for landlords, tenants, and practitioners dealing with lease renewals and electronic communications agreements.The case highlights ongoing uncertainty in this area of law and demonstrates the need for careful drafting and strategic advice when negotiating property rights. For those advising on commercial property or telecoms infrastructure, this episode provides valuable insight into how the courts are likely to treat such disputes going forward.Other Cases Mentioned: AP Wireless II v On Tower [2025]Mannai Investment Co. Ltd v. Eagle Star Assurance [1997]Smoke Club Ltd and others v Network Rail Infrastructure Limited [2021]Valleyview v NHS Property Services [2022] Wheeler v Mercer [1956]Training & Free Webinars for Property Professionals: Would you like to keep up to date with the latest in real estate law? Davitt Jones Bould offers legal training tailored to your organisation’s needs, delivered in person across the UK or remotely. We also run free monthly webinars through for surveyors, solicitors, and property professionals across sectors. To sign up or learn more, visit our events page here or email [email protected] for information and booking.This podcast is for informational purposes only and is not intended to provide legal or professional advice. No liability is accepted by Davitt Jones Bould for any reliance placed on its content.Get in touch! Training & Free Webinars for Property Professionals:Would you like to keep up to date with the latest in real estate law? Davitt Jones Bould offers legal training tailored to your organisation’s needs, delivered in person across the UK or remotely. We also run free monthly webinars through for surveyors, solicitors, and property professionals across sectors. To sign up or learn more, visit our events page here or email [email protected] for information and booking.  This podcast is for informational purposes only and is not intended to provide legal or professional advice. No liability is accepted by Davitt Jones Bould for any reliance placed on its content. Get in touch!