|
Telecommunications Services The main mobile phone operators including 02 UK Limited, Vodafone, Hutchison 3G, T-mobile and Orange plus other smaller service providers have built and are continuing to build thousands of strategically located radio base station sites throughout the UK. This is to provide network coverage to mobile phone users. Mobile phone operators must enter into formal agreements with land and property owners to secure the basis of their occupation. CRT has over 19 accumulated years extensive knowledge and experience acting for property owners with telecommunications base stations located on their land. The vast majority of these property owners do not receive proper and professional advice, both when entering into contracts and when dealing with existing lease agreements and the occupation issues relating to the site. CRT Property Consultants offers a professional consultancy service to land and property owners with a view to optimizing income and capital values. In addition, any potential pitfalls associated with this industry are readily highlighted and overcome to protect the position of the landlord. • CRT Property Consultants acts only for landlords in telecoms property matters so no conflict of interest can arise. • All instructions are progressed by Chartered Surveyors drawing from a total of over 19 years experience working as property consultants in the telecommunications sector. General Management CRT can manage individual or multiple properties occupied by telecoms operators. The day-to-day property management of such assets covers all aspects including rent collection and payment secured on time, site access, repairing and lease obligations, enforcement of tenant covenants, maintenance plus professional services. New Letting CRT has a significant database of market transactions and are well placed to ensure best lease terms and rents are achieved. We act on behalf of landlords only in negotiations to agree best terms which will form the basis of an agreement for mobile phone base stations. CRT ensures landlords are protected on all standard matters including rent, review period, lease term etc but also include, for example, clauses relating to Health & Safety, Code Powers, Landlord and Tenant, removal of the operator and Interference. Following agreement of terms, CRT manages the process from instructing solicitors through to legal completion. In most cases the fee payable to CRT for professional services is agreed and paid for by the Operator. Property Audit CRT provide an audit service to both individual landlords and those with multiple sites and/or property portfolios. CRT can assess existing agreements and provide strategic advice to maximize revenue. Marketing of Land or Buildings CRT provides a service to assess and review land or property options and their suitability to house telecommunications equipment. Please print off the CRT flyer on home page, if required. Once an operator(s) is/are secured rental income between £5,000 to £30,000 per annum can be achieved, lease terms are normally between 5 and 20 years. Do you have unused land available or an unused rooftop? A proven revenue generating and enhancing service. Site Audit and Breach of Covenant Service CRT provides a service to inspect mobile phone base stations to check whether the apparatus installed by an operator, is in accordance with the rights in the legal agreement. This is carried out in parallel with a review of the lease and producing a lease summary. A review of the agreement will allow upgrade rights to be assessed and the possibility of increased rentals to be negotiated. Reviews to Market Rent / Indexed Increases Most leases include the provision for the annual rent to be reviewed to market rent every 3 to 5 years. CRT has extensive knowledge and a considerable database of rents and excellent understanding of rental levels in the market, CRT will ensure clients obtain the correct and highest market rent. CRT will ensure any back rent or underpayments of rent are recovered. CRT can deal with cases where the rent is not agreed or is in dispute and has the capability to deal with the preparation of relevant reports and submissions and take cases to Arbitration or Expert Witness. Some leases include the provision for the annual rent to be increased in line with RPI (Retail Price Index), over a certain period. CRT will calculate the relevant rental uplift and arrange for the matter to be formally completed and ensure the operators arrange payment of the correct amount. |
Lease Renewals The majority of existing agreements are based on a term of between 5 and 20 years. Upon expiry, CRT can negotiate a further term of occupation with the operator. Telecoms operators will normally require a further agreement to be completed to secure their position following their capital outlay in relation to building the site. CRT have a thorough and professional understanding of the renewal process and relevant legislation, CRT can achieve competitive market terms for telecom lease renewals. Once terms are agreed, CRT oversees the process through to completion of the new lease and ensures this is completed in a timely manner. Valuation Services CRT has extensive knowledge of this specialist sector and market rental levels, CRT is offering a Valuation Service. CRT will provide a professional report, compliant with the RICS Valuation and Appraisal Standards (fifth edition), of any investment value relating to the occupation of the telecoms operator. The report would be appropriate for the followings reasons: • To consider borrowing against the asset • To consider selling the asset • For accounts purposes Agency, Disposals and Acquisitions CRT provides professional advice in relation to the disposal or acquisition of the freehold of telecommunications sites. Landowners are not always aware of the asset or growth potential when it comes to selling property with telecoms operators in occupation or clients who wish to sell or acquire property upon which telecoms infrastructure is located. CRT can provide professional advice and an agency service in relation to purchasing or disposing of telecommunications assets. In particular, CRT will advise on achieving the optimum price for each transaction when it comes to selling the asset. CRT have a current distribution list with potential purchasers of investments and have links with appropriate marketing and Auction Houses to ensure best prices are achieved. Action of Break Clauses and Improvement of Terms On behalf of the landlord, CRT can provide to a landlord the options available within an existing agreement to bring it to an end. The intention being that a new lease will form the basis of a further term of occupation. The new Lease will include an improved rental level and more favourable terms for the landlord, where appropriate. Lease Terminations / Code Powers If a landlord wishes to obtain vacant possession of property occupied by a telecoms operator, professional advice is strongly recommended. In England and Wales, if an operators lease benefits from the security of tenure provisions of the Landlord & Tenant Act 1954 (Part II), without appropriate advice, a landlord may experience difficulties in gaining possession. Licensed Operators could also use statutory powers to retain sites even though the landlord requires vacant possession. Together with suitable legal representation, CRT can assist clients to obtain possession via the appropriate routes. CRT can also advise on compensation issues. Installation Upgrades The operators usually have upgrade requirements to improve existing installations and add more equipment in line with changing technology and coverage & capacity issues. Operator equipment rights are normally restricted in leases and the tenant would normally obtain consent from the landlord in order to progress with the upgrade. CRT can act for the Landlord in providing such consent and secure increased rental levels and improved lease terms. Site Shares – Additional Operators CRT can provide professional advice to landlords who have received notice from the operators that the existing telecoms site will be upgraded or redeveloped. The aim of this advice will be to ensure that proposals are compliant with the existing lease terms and at the same time improve rental income. Planning Services CRT has over 19 accumulative years of experience in dealing with a wide range of planning applications. This includes advice relating to both Commercial Property and Telecommunications issues. CRT can provide professional planning advice on all planning matters relating to mobile phone base stations. This service extends to advising property owners who have base stations located on land close to their property. In addition, the service includes: • Planning applications relating to developments, • Change of use applications • General advice relating to Telecommunications approvals, breaches, compliance with conditions and timescales • Licence applications • Listed building applications |