New law: Landlords must comply with new laws where tenants require faster broadband

The need for many people to work from home during lockdowns has meant that home broadband speeds have become more important. Where a residential tenant in a 'multiple dwelling building’ such as a multi-let property or block of flats asks their provider for better broadband connectivity, the relevant Ofcom registered operator has to ask the landlord for permission to access the property in order to exercise the relevant ‘code rights’.

‘Code rights’ are the rights the operator needs to provide their network or an infrastructure system, such as the right to access land to install electronic communications equipment, and to carry out ongoing inspection, maintenance, repair, alteration and upgrading.

Since a significant minority of landlords have been ignoring such requests from operators, the government has introduced a new procedure which will enable those operators to access such buildings in England, Wales and Scotland within 42 days if a landlord fails to respond. This involves serving four standard-form notices and making a court application for an order giving the operator power to exercise the code rights specified in its request within 18 months.

This gives the landlord and operator time either to enter an agreement governing how the code rights are to be exercised, or for the operator to apply to the court for an imposed agreement.

The contents of court-imposed agreements are to be specified in regulations made under the new law but these regulations have not yet been consulted on. However, the new law says they will have to cover at least the following:

• the works to be carried out;
• the consents required to do so;
• proper service of the notices required to be given to the landlord;
• any restrictions on the operator's rights – when it can enter the land, obligations to reinstate at the end of the work, etc: and
• insurance cover or indemnification required.

A landlord can stop the automatic process by responding. It can also refuse in writing to be bound.

The government has not yet made clear when the new laws will come into force but has said it plans to publish guidance to help operators, tenants and landlords follow the new law.

Operative date

• To be announced

Recommendation

• Residential landlords should alter their processes to ensure they identify any notices received from an operator under the new procedure once it is in force and know how to respond to avoid a court-imposed agreement and instead negotiate rights that better protect their interests.