October 30, 2023
By Sarah Price
What is a Wayleave Agreement?
A Wayleave Agreement gives an IT service provider, such as a broadband provider, the right to install their equipment through or over a third party’s property. When a property is occupied by a tenant under a lease, the landlord will often need to be a party to the Wayleave Agreement – usually when the cables will pass over other parts of their building. The Agreement will grant the necessary rights to the service provider to install their equipment and also provide protection to the landlord e.g. that the works are carried out in compliance with any relevant statutory requirements and any damage made good.
Why is this important for a tenant?
Landlords are not obliged to enter into Wayleaves and so this will need to be specifically requested. Service providers often have a standard form of Wayleave Agreement and many office landlords would be used to seeing them (and willing to co-operate to ensure their tenants can run their businesses successfully). However, it’s vital that tenants get the process started as early as possible to avoid delays in getting any necessary cabling installed.
Landlords will usually expect any costs they incur in connection with a Wayleave Agreement to be paid – so tenants will need factor this into their budgets.
What steps should a tenant take?
We recommend that tenants entering into new leases consider their IT needs as early as possible in the transaction. Our top tips are:
Ensure the Wayleave Agreement if progressed alongside the lease negotiations so the installation can start as soon as possible when the lease is granted.
If you want any advice regarding the above, contact a member of our commercial property law team, Sarah Price via email on firstname.lastname@example.org or via telephone on 029 2082 9105 for a free initial chat to see how we can help you.
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