Telecoms lease renewals: the 2026 changes

Who should read this?

This note concerns qualifying telecoms agreements protected by Part II, including “subsisting agreements” under the statutory definition, whose primary purpose is to confer Electronic Communications Code rights.

These generally concern agreements predating the Code’s commencement on 28 December 2017. The agreement’s date alone does not establish eligibility.

Simply having broadband, a telephone connection or telecommunications equipment in a commercial property does not establish that these special rules apply.

Valuation and compensation — 7 April 2026

• For qualifying renewals, section 34A introduces Code-style valuation assumptions, including the “no-network” assumption.
• Section 34B concerns compensation; section 34C contains supplementary compensation provisions.
• The saving rule turns on the termination date specified in a section 25 notice or the proposed commencement date specified in a section 26 request — not merely the notice’s service date.
• Where that specified date falls before 7 April 2026, regulation 4 preserves the former position.
• An agreement extending time under section 29B does not change that saving rule.
• Where regulation 4 does not apply, an interim-rent application has been made and the section 24B appropriate date precedes 7 April, regulation 5 requires separate pre- and post-commencement treatment.
• The pre-commencement period ends on 6 April 2026; the post-commencement period begins on 7 April 2026.

Commencement does not automatically reset every existing telecoms rent.

Jurisdiction — 30 July 2026

From 30 July 2026, SI 2026/569 confers tribunal jurisdiction for specified Part II proceedings involving subsisting agreements whose primary purpose is to confer Code rights, and for proceedings under section 34B.

The tribunals concerned are the First-tier Tribunal (Property Chamber) and the Upper Tribunal (Lands Chamber). Applicants cannot simply choose either tribunal: allocation and transfer rules, including SI 2026/771, decide where a case is heard.

On official forms: where section 63(2A) applies, references to “the court” in the relevant prescribed notice forms are read as references to the tribunal exercising jurisdiction. For ordinary business tenancies, see our court application guide.

Practical checklist

Establish:

• Whether Part II protects the tenancy.
• Whether it meets the statutory telecoms eligibility conditions.
• The agreement date and any subsequent replacement or variation.
• Which section 25 notice or section 26 request was served, and its specified termination or proposed commencement date.
• Any section 29B extension.
• The section 24B appropriate date and whether interim rent has been requested.
• Whether proceedings began before 30 July 2026.
• The applicable valuation framework and the correct forum.

Check valuation and jurisdiction separately: an old valuation framework can potentially apply to proceedings brought in the tribunal.