The Kay Park Parish Church Tribunal Decision – A Turning Point for Mast Landlords

Case Name: On Tower UK Ltd v The General Trustees of the Church of Scotland (Kay Park Parish Church)

Citation: [2024] Lands Tribunal for Scotland (unpublished as of May 2025 — summary available via legal reporting services)

Date: August 2024

Kay Park Tribunal Decision: What Landlords Should Know

• Background
• Key Issues
• Why This Case Matters to UK Landlords
• What This Means for Landlords

Background

In August 2024, the Scottish Lands Tribunal delivered a pivotal ruling in the case of On Tower UK Ltd v The Church of Scotland General Trustees concerning a telecoms mast situated at Kay Park Parish Church in Kilmarnock. The site had experienced multiple lease assignments over the years, transitioning from Orange PCS to EE and Three UK, then to Arqiva, and finally to On Tower UK Ltd (OTUK). Crucially, these assignments were executed without the landlord’s formal consent, despite the lease containing specific restrictions on such transfers.

OTUK sought to renew the lease under the Electronic Communications Code, proposing a significantly reduced rent of £3,000 per annum. However, the Tribunal determined that OTUK was not the legal tenant at the time of serving the renewal notice, rendering the notice — and the subsequent application — invalid.

Key Issues

• Lease Assignments and Tenant Legitimacy

The case underscored the importance of adhering to lease provisions regarding assignments. OTUK had acquired the site through a chain of transfers, but at no point had the landlord — the General Trustees of the Church of Scotland — formally consented to any of them. The original lease required such consent for any valid assignment. The Tribunal held that the final leaseholder (OTUK) had no legal standing to renew the agreement because it was not properly assigned the lease.

• Invalid Code Notices

Since OTUK was not the legal tenant, it had no right to serve a notice under paragraph 33 of the Electronic Communications Code. As such, its application for a new lease under the Code failed entirely. This decision reinforces the importance of operators ensuring they have proper legal standing before attempting to invoke Code rights.

• Rent Valuation Dispute

OTUK had proposed a new rent of just £3,000 per annum — far below market expectations. While rent valuation wasn’t ultimately decided due to the procedural failure, the case highlights the continuing trend of operators attempting to drive down rents dramatically, often using procedural routes that don’t hold up under scrutiny.

Why This Case Matters to UK Landlords

Although this case was heard in Scotland, it was decided under the UK-wide Electronic Communications Code, which applies across England, Wales, Northern Ireland, and Scotland. As a result, this ruling has strong persuasive value for mast landlords throughout the UK — particularly in cases involving:

• Unlawful lease assignments

• Disputes over notice validity

• Operator attempts to bypass landlord rights under the guise of the Code

Landlords should take note that where consent clauses exist in legacy leases, operators may not have the automatic right to renew or assign without proper compliance. This can give landlords an opportunity to challenge unlawful occupation or push for more favourable terms.

What This Means for Landlords

• Check assignment history: Ensure any tenant claiming rights under the Code has followed the proper procedures set out in the original lease.

• Scrutinise Code notices: Just because a notice is served doesn’t mean it’s valid — the sender must have legal standing.

• Seek professional advice: The evolving legal landscape makes it essential for landlords to be supported by experienced telecoms advisors and solicitors.

Related Services

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

• EE Phone Mast Leases

• Three Phone Mast Leases

• Arqiva Phone Mast Leases

• Phone Mast Lease Renewals

• New Phone Mast Lettings

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