From 30 July 2026, tribunals decide certain telecommunications tenancy disputes under the Landlord and Tenant Act 1954, and "the court" in prescribed notice forms should be read as the tribunal where section 63(2A) applies.
Key facts
- Who: Landlords and tenants under agreements involving telecommunications equipment on land that predate the current Electronic Communications Code and whose main purpose is to grant Code rights
- From: 30 July 2026
- Source: Forms prescribed under the Landlord and Tenant Act 1954, Part 2 (Notices) Regulations 2004
On 30 July 2026 the Product Security and Telecommunications Infrastructure Act 2022 (Conferral of Tribunal Jurisdiction under the Landlord and Tenant Act 1954 etc.) Regulations 2026 came into force. GOV.UK has updated its guidance on the forms prescribed under the Landlord and Tenant Act 1954, Part 2 (Notices) Regulations 2004. The update explains the effect on the forms used for business tenancy notices. It applies to England and Wales.
What has changed
The regulations give the First-tier Tribunal and the Upper Tribunal in England and Wales jurisdiction to decide certain telecommunications disputes arising under Part 2 of the Landlord and Tenant Act 1954 (the 1954 Act).
They apply to existing agreements involving telecommunications equipment on land. The agreement must have been entered into before the current Electronic Communications Code came into force on 28 December 2017, and its main purpose must be to grant Code rights.
A separate order, the First-tier Tribunal and Upper Tribunal (Chambers) (Amendment) Order 2026, amends the First-tier Tribunal and Upper Tribunal (Chambers) Order 2010. It allocates these proceedings to the Property Chamber of the First-tier Tribunal and to the Lands Chamber of the Upper Tribunal.
Effect on the notice forms
The forms are prescribed under regulation 2(2) of the Landlord and Tenant Act 1954, Part 2 (Notices) Regulations 2004 and set out in Schedule 2 to those regulations. Where section 63(2A) of the 1954 Act applies, references to "the court" in those forms should be read as references to the tribunal exercising jurisdiction under that provision.
The wider guide
The guide, Renewing and ending business leases: a guide for tenants and landlords, is aimed at tenants and landlords who already have a business lease and want to review or end it. It also covers "contracting out". This is where the future landlord and tenant of a first-time lease agree to exclude security of tenure. If that agreement is in force, the tenant loses the right to renew the lease, so the guide stresses that anyone about to become a tenant should take legal advice on the point.
What this means for landlords and tenants
If your business tenancy covers telecommunications equipment, check two things: whether the agreement was made before 28 December 2017, and whether its main purpose is to grant Code rights. If both apply, a dispute under Part 2 of the 1954 Act may now fall to a tribunal rather than the court.
When you complete or receive a prescribed notice form, read "the court" as the tribunal where section 63(2A) applies.
If you are negotiating a first-time business lease, check whether it contains an agreement to exclude security of tenure, because that would mean losing the right to renew. The guide says legal advice on this point is particularly important.
Sources
- Ministry of Housing, Communities & Local Government, Renewing and ending business leases: a guide for tenants and landlords
- Forms prescribed under the Landlord and Tenant Act 1954, Part 2 (Notices) Regulations 2004, updated 30 July 2026