PSTI Act 2022: Your Rights as a Phone Mast Landlord
Matt Restall
Specialist Telecom Surveyor
Updated September 2026. This article was reviewed and corrected in September 2026. We corrected the title (the Act is the PSTI Act 2022, with sections 61 to 64 in force from 7 April 2026) and the explanations of interim payments, the new rent rules, counter-notices, what happens at lease expiry and where disputes are heard.
The Product Security and Telecommunications Infrastructure Act 2022 (PSTI Act), whose sections 61 to 64 changed the Landlord and Tenant Act 1954 for phone mast leases from 7 April 2026, 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: Section 68 of the PSTI Act amended paragraph 35 of the Electronic Communications Code from 7 November 2023. While an application under paragraph 32 or 33 of the Code is pending, either party can now apply for an order for interim payments. For leases renewing under the 1954 Act, interim rent is dealt with separately under sections 24A to 24D of that Act.
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 courts and tribunals. Disputes under the Electronic Communications Code are heard by the First-tier Tribunal (Property Chamber) or the Upper Tribunal (Lands Chamber). Renewal proceedings for phone mast leases under the 1954 Act started on or after 30 July 2026 also go to those tribunals, while proceedings started before then continue in the county court or High Court.
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: From 7 April 2026, new section 34A of the 1954 Act requires rent on renewal to be assessed on the "no-network" assumption, but only where the current tenancy is an agreement made before 28 December 2017 whose primary purpose is to confer Code rights. The old rules still apply where the landlord's section 25 notice gave a termination date, or the tenant's section 26 request gave a start date, before 7 April 2026. New sections 34B and 34C also allow compensation to be ordered, including reasonable legal and valuation expenses.
This is the single biggest change and has the most significant financial impact.
Timing of Rent Application
Code agreements: Under paragraph 35 of the Code, as amended by section 68 of the PSTI Act, an order for interim payments while a paragraph 32 or 33 application is pending is assessed on the paragraph 24 basis and may run from the date of the application for that order.
1954 Act renewals: Interim rent under sections 24A to 24D of the 1954 Act is split at 7 April 2026, so the periods before and after that date are treated separately.
Tribunal Considerations
Where section 34A applies, the court or tribunal 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 request, you can serve a counter-notice within two months. The counter-notice is where you state that you oppose a new tenancy and on which of the grounds in section 30 of the 1954 Act. If you do not serve one in time, you lose the right to oppose renewal. The rent and other terms of the new lease are settled by agreement or, failing that, by the court or tribunal.
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
- 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. A lease does not simply end on its expiry date: it usually continues under paragraph 30 of the Code or section 24 of the 1954 Act until it is ended by the correct procedure, and removal of equipment can only be required through the procedure in paragraph 37 onwards of the Code.
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.