PSTI Act 2026: Your Rights as a Phone Mast Landlord
Matt Restall
Specialist Telecom Surveyor
The Product Security and Telecommunications Infrastructure Act 2022 (PSTI Act) significantly changes the landscape for phone mast landlords in the UK. While much attention has focused on the financial implications — and they are significant — it's equally important to understand your legal rights under the new legislation.
This guide explains what rights you retain as a landlord, what has changed, and how to exercise your legal protections.
Your Fundamental Rights Remain
Despite the changes introduced by the PSTI Act, several fundamental landlord rights remain intact:
Right to Receive Rent
You retain the right to receive rent for the use of your land. Whether under the old calculation method or the new "no-network" formula, operators must pay for the rights they occupy.
Key point: Under Section 68, operators must now pay rent during tribunal proceedings — this wasn't guaranteed before.
Right to Proper Notice
Operators must still follow proper procedural requirements when seeking to renew or terminate leases. Section 26 Notices must meet statutory requirements. Failure to do so can invalidate the notice.
Right to Challenge
You retain the right to challenge operator actions through the tribunal system. The First-tier Tribunal (Property Chamber) remains the venue for dispute resolution.
Right to Professional Representation
You have the right to engage professional help — surveyors, solicitors, and legal counsel — at any stage of negotiations or proceedings.
What Has Changed
Rent Calculation Method
Previously: Rent could include the "benefit of the existing installation" — essentially, the value of having an established mast and network infrastructure.
Now: Rent is calculated using the "no-network" assumption — only the bare land value counts.
This is the single biggest change and has the most significant financial impact.
Timing of Rent Application
Previously: Rent under new terms typically applied from the date of the tribunal's final determination.
Now: Under Section 68, rent at the new rate applies from the date of the operator's application to the tribunal.
Tribunal Considerations
Tribunals must now apply the "no-network" assumption when determining rent. This limits tribunal discretion and makes outcomes more predictable — but typically favours operators.
Rights You Should Exercise
1. Right to Challenge Procedural Irregularities
Even though the "no-network" assumption is now law, operators must still follow correct procedures. Common procedural issues include:
- Invalid notices: Section 26 Notices that don't meet statutory requirements
- Service issues: Notices not properly served on the correct party
- Timing errors: Notices served outside required timeframes
- Content errors: Notices missing required information
Action: Review all notices carefully. A procedural error can invalidate the entire process.
2. Right to Counter-Notice
When you receive a Section 26 Notice, you have the right to serve a counter-notice with your own proposed terms. This initiates formal negotiation.
Don't accept initial offers at face value. The notice is a starting point for negotiation, not a final position.
3. Right to Independent Valuation
You have the right to obtain an independent valuation of your site. This is essential for:
- Negotiating from a position of knowledge
- Building evidence for tribunal
- Understanding your site's true worth
Action: Commission a professional valuation from a specialist telecom surveyor.
4. Right to Challenge Evidence
At tribunal, you have the right to challenge the operator's evidence, including:
- Their valuation methodology
- Their interpretation of the lease terms
- Their compliance with procedural requirements
5. Right to Settlement
You can accept a settlement at any point during negotiations or proceedings. Sometimes accepting a reasonable offer is better than risking an unfavourable tribunal outcome.
What Operators Cannot Do
Understanding operator limitations is as important as knowing your rights:
Operators Cannot:
- Ignore statutory notice requirements — All procedural rules still apply
- Charge for equipment they've removed — Operators must remove equipment at lease end
- Refuse access for valuation — You have the right to obtain valuations
- Unilaterally change lease terms — Any changes require agreement or tribunal determination
- Harass or pressure you — All communications should be professional
Operators Must:
- Pay rent — At whatever rate is determined
- Follow correct procedures — Notices must meet legal requirements
- Allow access — Subject to lease terms
- Provide required information — For valuation and due diligence
Protecting Your Rights
Document Everything
Keep detailed records of:
- All correspondence with operators
- All notices received (and how they were served)
- Rent payments and any disputes
- Independent valuations obtained
- Professional advice received
Respond Promptly
Missing deadlines can forfeit your rights. Always respond to notices within the specified timeframe — even if it's to say you're taking professional advice.
Engage Professionals
Given the complexity and financial stakes, professional representation is essential:
- Telecom surveyor: For valuations and negotiation
- Property solicitor: For legal procedural issues
- Barrister: For tribunal representation if needed
Understand Your Lease
Your specific lease terms matter. Review:
- Current rent and review provisions
- Renewal and termination clauses
- Break provisions
- Rights and obligations
When to Seek Help
You should seek professional help immediately if:
- You receive any notice from an operator
- An operator contacts you about renewal or termination
- You receive any communication you don't understand
- Your rent is reduced or stopped
- You receive court or tribunal papers
Don't wait. Early intervention is always better than trying to fix problems after they've escalated.
Frequently Asked Questions
Q: Can I refuse a renewal altogether?
A: Under the Landlord and Tenant Act 1954, you can only refuse on specific statutory grounds. Simply not wanting to renew is generally not sufficient. However, if you have grounds (e.g., intention to redevelop), you can oppose.
Q: Can the operator enter my property without permission?
A: Access rights depend on your specific lease terms. Generally, operators have rights of access for installation, maintenance, and removal — but these must be exercised in accordance with the lease.
Q: What if I disagree with the operator's valuation?
A: You can challenge through the tribunal system. You'll need your own independent valuation evidence.
Q: Can I sell my property with a phone mast on it?
A: Yes. You can sell either the freehold or leasehold interest. However, the sale doesn't affect the operator's rights — they continue under the existing lease regardless of ownership change.
Q: What happens if the operator goes bankrupt?
A: If the operator (or their successor) fails to pay rent, you may have remedies under the lease terms and law. This is complex and requires legal advice.
Q: Can I remove the mast if the operator breaches the lease?
A: This depends on the specific lease terms. Generally, you cannot unilaterally remove operator equipment. You'd need to follow legal procedures for breach.
The Bottom Line
The PSTI Act has changed the financial landscape for phone mast landlords, but your fundamental legal rights remain. Understanding these rights — and exercising them — is essential to protecting your interests.
The key takeaways:
- You still have rights — Exercise them actively
- Procedural requirements still matter — Challenge irregularities
- Professional help is essential — Don't go it alone
- Document everything — Evidence is crucial
- Act promptly — Deadlines matter
How We Can Help
Our team is experienced in protecting landlord rights under both the old and new legislative frameworks. We can:
- Review notices and identify procedural issues
- Advise on your rights and options
- Obtain independent valuations
- Represent you in negotiations
- Support tribunal proceedings
Related Services
- Phone Mast Lease Renewals — Comprehensive renewal negotiation
- Rent Reviews — Ensure you're receiving fair rent
- Free Lease Check — Initial assessment of your position
- Contact Us — Discuss your specific situation
Know your rights. Protect your interests. Contact our specialist team on 01691 791543 for a free, no-obligation consultation.
Matt Restall
Founder & Specialist Telecom Surveyor, The Phone Mast Advice Company Ltd
Matt Restall has over 30 years' experience advising UK landlords on phone mast leases and rent reviews. He instigated and advised on the landmark Compton Beauchamp Estates v CTIL case and has completed over 10,000 deals on behalf of landowners across England and Wales. Matt represents landlords — never operators.