The case in question was <em>AP Wireless II (UK) Ltd v On Tower (UK) Ltd [2025] EWCA Civ 971</em>. A telecoms agreement was entered into by the owner of Fields Farm, Sandbach, Cheshire permitting Orange to install and maintain telecoms equipment and a phone mast on the owner’s land. It was granted for a minimum term of 10 years with a right for either party to terminate at any time after that on 12 months’ notice.

AP Wireless purchased Fields Farm and On Tower (UK) Limited took over as telecoms provider. A dispute arose between the parties about the level of rent payable. AP Wireless argued the agreement was a valid lease and was renewable under the Landlord &amp; Tenant Act 1954 (“1954 Act”). A lease would result in a higher rent being paid to the owner than if it was a licence.

In contrast, On Tower (UK) argued the agreement was a licence and would be renewable under the Electronic Communications Code. This would result in a licence fee being payable that would be lower than rent under a lease.