Can Landlords Get Extra Rent from Phone Mast Site Sharing?

If you own land or a building with a mobile phone mast on it, one of the first questions you may ask is simple:

If another mobile operator is added to the mast, should I receive more rent?

It feels logical. More operators using the site should mean more income for the landlord. Unfortunately, under the modern Electronic Communications Code, that is often not how phone mast rent is assessed.

In many cases, site sharing does not automatically increase the rent payable to the landlord. However, there are exceptions — and those exceptions are worth checking carefully.

Quick Answer

Under the Electronic Communications Code, landlords will not usually receive extra rent simply because a mast is shared by more than one mobile network operator.

Additional income is more likely where:

• extra land is physically taken;
• the compound, rooftop area or access arrangements are materially expanded;
• the equipment creates an additional burden on the landlord or the land;
• an older agreement contains a specific sharing, alienation or uplift clause; or
• the operator needs a new agreement, consent or variation that can be negotiated.

The key point is this: Code rent is generally based on the value of the land rights granted, not the commercial value of the telecoms network using the site.

Why More Operators Do Not Usually Mean More Rent

The valuation framework is set out in paragraph 24 of the Electronic Communications Code, which forms Schedule 3A to the Communications Act 2003. It requires the rent, known under the Code as “consideration”, to be assessed on statutory assumptions that strip out much of the telecoms network value.

In practical terms, this is often described as the “no-network assumption”. The site is valued as if the operator’s network requirement does not create a special telecoms premium.

That means:

• the landlord is not normally paid by reference to the operator’s turnover;
• the number of networks using the mast is not, by itself, the rent calculation;
• the operator’s commercial benefit from sharing is usually ignored; and
• the focus is on the underlying land rights and any real burden imposed on the site provider.

This is why a mast can be shared by several operators without producing a matching increase in rent for the landlord.

What the Code Says About Upgrading and Sharing

Paragraph 17 of the Electronic Communications Code gives operators statutory rights to upgrade and share electronic communications apparatus in certain circumstances.

Those rights are not unlimited. The conditions include restrictions around adverse impact and additional burden. In broad terms, operators are in a stronger position where the sharing or upgrading does not materially change the appearance of the apparatus and does not impose an additional burden on the site provider.

The Product Security and Telecommunications Infrastructure Act 2022 also made further changes to the upgrade and sharing regime, including changes affecting older agreements in some circumstances.

For landlords, the practical question is not just “has another operator been added?” but:

• has the operator stayed within the rights granted by the agreement and the Code?
• has the site physically changed?
• has access, maintenance, risk, electricity use or disruption increased?
• has any new land, roof space, cabinet area, cabling route or compound space been taken?
• does the lease contain a separate sharing consent or payment mechanism?

Those are the details that decide whether there may be a proper basis for further negotiation.

Relevant Case Law: What Landlords Should Know

Tribunal and court decisions since the 2017 Code have repeatedly shown that telecoms rent is not assessed in the same way as a normal open-market commercial letting.

Cornerstone v Compton Beauchamp

In Cornerstone Telecommunications Infrastructure Ltd v Compton Beauchamp Estates Ltd [2022] UKSC 18, the Supreme Court considered important questions about the structure of the Code and who can confer Code rights. The case is not a simple “site sharing equals extra rent” authority, but it is important because it sits within the wider Code framework that has made operator rights more powerful and landlord control more technical.

Vodafone v Hanover Capital

In Vodafone Ltd v Hanover Capital Ltd [2020] EW Misc 18 (CC), the court considered rent for a telecommunications mast site in the context of a renewal. The decision is often discussed because it illustrates how Code valuation assumptions can produce rents far below historic telecoms market expectations.

The important lesson for landlords is that the existence of telecoms equipment, and the operator’s commercial need for the site, will not necessarily translate into higher rent under the statutory valuation approach.

Other Upper Tribunal guidance

Cases such as On Tower UK Ltd v JH & FW Green Ltd [2020] UKUT 348 (LC) and Cornerstone Telecommunications Infrastructure Ltd v London & Quadrant Housing Trust [2020] UKUT 282 (LC) also show how the Tribunal approaches Code consideration, compensation, site burdens and the public benefit of electronic communications infrastructure.

The trend is clear: landlords need strong factual evidence of additional burden, additional land use or contractual entitlement. A general argument that “more operators means more money” is unlikely to be enough.

When Site Sharing Might Lead to Extra Income

Although site sharing does not automatically increase mast rent, landlords should not assume there is never a claim. Extra income may be possible where the operator’s sharing arrangement goes beyond the rights already granted.

Common examples include:

1. Extra Land or Roof Space Is Taken

If new cabinets, equipment bases, cable runs, gantries, steelwork or fenced areas are added, the operator may be using more than the original agreement allowed.

This can be particularly important on rooftop sites, constrained compounds and rural mast sites where access routes, working areas and power routes affect the rest of the property.

2. The Sharing Creates an Additional Burden

Even where the physical footprint looks similar, sharing can create practical burdens, such as:

• more frequent access visits;
• greater electricity consumption;
• additional health and safety requirements;
• increased maintenance activity;
• structural loading concerns;
• more intrusive equipment; or
• additional disruption to tenants, occupiers or farming operations.

Those burdens need to be evidenced, not assumed.

3. The Existing Agreement Contains a Sharing Clause

Older leases sometimes include clauses dealing with sharing, assignment, alienation, consent or premium payments. Some agreements may require landlord consent or provide for an uplift if the site is shared.

These clauses must be read carefully alongside the Code. The wording matters.

4. The Operator Needs a Variation or Renewal

If the operator needs a new agreement, a renewal, additional rights or a formal deed of variation, that can create a negotiation point. The landlord may be able to negotiate better protections, clearer access controls, electricity recovery, reinstatement obligations or other commercial terms.

What Landlords Should Check Before Agreeing to Site Sharing

Before signing anything, or before assuming nothing can be done, landlords should check:

• the original lease or Code agreement;
• any plans or drawings attached to the agreement;
• the permitted equipment list;
• assignment and sharing clauses;
• access rights and maintenance obligations;
• electricity metering and recovery provisions;
• rent review wording;
• whether the site has physically expanded;
• whether additional operators are actually present; and
• whether the Electronic Communications Code applies to the agreement.

Photographs, site plans, inspection notes and operator drawings can all be useful evidence.

What This Means in Practice

For most landlords, the realistic position is:

• rent often stays the same after site sharing;
• increases are rare unless there is extra land use, additional burden or a contractual right;
• operators usually gain more commercial benefit from sharing than landlords do;
• older agreements may still contain valuable clauses; and
• professional review is important before consenting to changes.

The biggest mistake is assuming that site sharing is either always payable or never payable. The answer depends on the agreement, the Code position and the facts on the ground.

Final Thoughts

Site sharing is now a normal part of UK mobile infrastructure. It helps operators reduce costs, improve coverage and roll out network upgrades more efficiently.

For landlords, however, additional operators on a mast do not automatically mean additional rent. The strongest claims usually arise where sharing involves extra land, extra burden, unauthorised equipment, a lease clause requiring payment, or a wider renewal or variation that can be negotiated.

If you own a phone mast site and have been asked to allow sharing, or you suspect sharing has already happened without proper consent, it is worth getting the agreement reviewed before taking a position.

The Phone Mast Advice Company Ltd advises UK landlords on phone mast leases, site sharing, rent reviews and Electronic Communications Code negotiations. If you are unsure whether your site sharing arrangement should produce extra income, contact us for a free initial review.

This article is for general information only and is not legal advice. Landlords should take specialist professional advice on their own agreement and circumstances.

Related Services

If you need expert advice on the topics discussed in this article, our specialist surveyors can help:

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Call us on 01691 791543 or contact us online for a free consultation.