What the PSTI Act 2026 Changes Mean for Phone Mast Landlords

Updated September 2026. This article was first published in February 2026, before the changes took effect. It has been rewritten now that Sections 61 to 64 of the Product Security and Telecommunications Infrastructure Act 2022 are in force, and to add the move of these renewals to the tribunals on 30 July 2026.

In short

• Since 7 April 2026, the rent on renewal of many older phone mast leases under the Landlord and Tenant Act 1954 is assessed on a no-network basis, under a new Section 34A of that Act.
• It applies only to pre-2017 "subsisting agreements" whose primary purpose is to confer code rights. It is not a rule for all new leases.
• The old rules still apply if the date in a Section 25 notice or Section 26 request fell before 7 April 2026. Interim rent that started earlier is split at that date.
• Landlords can also claim compensation, which can include reasonable legal and valuation expenses.
• Since 30 July 2026, new renewal proceedings for these leases go to the First-tier Tribunal and the Upper Tribunal instead of the courts.

What the PSTI Act is

The Product Security and Telecommunications Infrastructure Act 2022 received Royal Assent in December 2022. Part 1 deals with the security of consumer connectable products. Part 2 changes the law on telecoms infrastructure, including the Electronic Communications Code and, through Sections 61 to 64, the renewal of telecoms leases under the Landlord and Tenant Act 1954. Different parts came into force on different dates.

Why these leases were treated differently before

Rent under the Electronic Communications Code has been assessed on no-network assumptions since the new Code came into force on 28 December 2017. In the Vache Farm case, EE Ltd and Hutchison 3G UK Ltd v AP Wireless II (UK) Ltd [2024] UKUT 216 (LC), that approach produced £1,750 a year for a standard rural mast site.

Many leases granted before 28 December 2017, however, are protected by the 1954 Act and sit outside Part 5 of the Code. The Supreme Court confirmed in Cornerstone Telecommunications Infrastructure Ltd v Compton Beauchamp Estates Ltd [2022] UKSC 18, a case The Phone Mast Advice Company instigated and advised on, that those leases must be renewed under the 1954 Act. Until April 2026, the renewal rent under that Act did not have to ignore the site's value to the network.

What changed on 7 April 2026

A new valuation basis: Section 34A

Section 34A applies where:

• the current tenancy is a "subsisting agreement" under Schedule 2 to the Digital Economy Act 2017, meaning broadly an agreement in place before 28 December 2017; and
• the primary purpose of the current tenancy is to confer code rights.

The rent on renewal is then the market value of the landlord's agreement to confer the code rights, assessed on four assumptions:

1. the rights do not relate to the provision or use of an electronic communications network;
2. the operator's statutory rights to assign, upgrade and share do not apply;
3. in all other respects the rights correspond to the code rights; and
4. there is more than one site the operator could use.

These mirror the valuation rules in Paragraph 24 of the Code. In practice, renewal rents for these leases are now assessed on a basis much closer to Code rents than before. The effect on any one site depends on its location, type and current terms, so it needs a valuation rather than a rule of thumb.

Interim rent follows the same basis

The Act also amended Sections 24C and 24D of the 1954 Act, so interim rent, the rent payable while a renewal is being decided, is assessed on the Section 34A basis too.

Compensation: Sections 34B and 34C

The court or tribunal can order the tenant to pay the landlord compensation for loss or damage resulting from the exercise of the code rights. The heads of loss include expenses, including reasonable legal and valuation expenses, as well as diminution in the value of the land and the cost of reinstatement.

Transitional rules

The commencement regulations, SI 2025/1326, protect cases that were already under way:

• If a landlord's Section 25 notice gave a termination date before 7 April 2026, or a tenant's Section 26 request gave a start date for the new tenancy before that date, the renewal continues under the old rules.
• An agreement to extend the time limits for applying to the court does not change that.
• Where interim rent was applied for and runs from a date before 7 April 2026, and the renewal is not saved by the rule above, interim rent is calculated in two parts: under the old rules up to 6 April 2026, and on the new basis from 7 April 2026.

What changed on 30 July 2026

The Product Security and Telecommunications Infrastructure Act 2022 (Conferral of Tribunal Jurisdiction under the Landlord and Tenant Act 1954 etc.) Regulations 2026 moved these renewals out of the courts. For proceedings started on or after 30 July 2026, references to "the court" in Part 2 of the 1954 Act are read as references to the First-tier Tribunal and the Upper Tribunal, for tenancies that are subsisting agreements whose primary purpose is to confer code rights, and for compensation claims under Section 34B. Proceedings started before that date continue in the court.

What did not change

• Leases granted from 28 December 2017 whose primary purpose is to confer code rights are not protected by the 1954 Act at all, so Section 34A does not apply to them. They are renewed or ended under Part 5 of the Code.
• Code agreements were already valued on no-network assumptions under Paragraph 24.
• Your right to oppose renewal on the grounds in Section 30 of the 1954 Act, and the deadlines for doing so, are unchanged.
• Nothing requires a landlord to accept an operator's offer. In default of agreement, the rent and terms are decided by the court or tribunal on the statutory basis.

Other PSTI Act changes landlords should know about

• Sharing and upgrading. Code rights to share and upgrade apparatus were extended, including for agreements made before 2017, in 2023.
• Rent while a Code renewal is decided. Since 7 November 2023, either party can ask the tribunal to set the payments due while an application to end or renew a Code agreement is pending. We explain this in our article on Section 68 of the PSTI Act.
• Alternative dispute resolution. Since 7 November 2023, operators must consider alternative dispute resolution, where reasonably practicable, before applying to the tribunal to impose Code rights, and both sides must do so before applying for new terms under Paragraph 33.

What landlords should do now

1. Identify which regime governs each site. When was the agreement granted, is it protected by the 1954 Act, and has it expired?
2. Check the dates on any notice or request. A date before 7 April 2026 may keep the old rules.
3. Do not accept an offer without a valuation on the correct statutory basis, including the heads of compensation you may be entitled to.
4. Keep records of loss and expense, including professional fees, in case compensation is claimed.
5. Take advice before the deadlines. Our Section 26 notice guide and phone mast rent guide explain the process and the valuation.

This article is general guidance for landowners in England and Wales and does not constitute legal advice.

Related Services

• Phone Mast Lease Renewals
• Phone Mast Rent Reviews
• Free Lease Check

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

Sources

• PSTI Act 2022, Section 61 and Section 63
• Landlord and Tenant Act 1954, Section 34A
• SI 2025/1326: commencement and transitional provisions
• SI 2026/569: tribunal jurisdiction from 30 July 2026
• GOV.UK: consultation and government response on commencing Sections 61 to 64
• Vache Farm, Upper Tribunal [2024] UKUT 216 (LC)
• Compton Beauchamp, Supreme Court [2022] UKSC 18