The tenant`s primary objective is to ensure that all necessary computer equipment and wiring will be installed once the tenant has completed his equipment work and that he is ready to start trading/operating from the property. Since the Wayleave contract is between the owner and the IT provider, the tenant has little direct control over the status of the Wayleave contract. As lawyers working for a commercial tenant, it is therefore important to ask your client as early as possible in the transaction what the IT requirements are, and then determine with the owner`s lawyer if there are any existing computer media with which the tenant can connect. If this is not the case, the owner`s lawyer should be asked to confirm that his client will enter into a necessary Wayleave agreement. As a general rule, the lessor`s lawyer and the IT provider will directly contact the authorization of the installation work and take the form of the Wayleave contract, but the landlord generally requires that the tenant`s legal and stay expenses be borne by the tenant. May I ask if there is contact for someone I can talk to because my request to terminate a contract (which was in effect with the previous owner, was refused by the Northern Power Grid) and to the extent that I can see, there is no reason to take permanent leave or facilitate, so I should be able to exercise my right. A written agreement between us and the landowner. It gives us permission to install, maintain or repair the network equipment on their property. We could pay them a fee. Rachel Dominey Wayleaves Manager Energy Infrastructure Planning E-mail: [email address] T: 0300 068 5675 Level 3, Orchard 2, 1 Victoria St, Westminster, London SW1H 0ET www.gov.uk/beis | twitter.com/beisgovuk How long does a Wayleave deal last? As the old saying goes: «How long does a piece of string go by?» The period during which the acquisition of a Wayleave agreement is required may vary depending on the circumstances of the contract and the cooperation of third parties.
These parties regularly include wayleave officers, country agents, solicitors and neighbouring landowners. As a general rule, it takes between 12 and 16 weeks for the necessary legal documents to be issued. However, some projects may be more complex than others and therefore take much longer. Some Wayleave agreements have a contractual mechanism for claiming compensation to reflect the depreciation of the soil by the presence of the equipment. As a general rule, compensation is calculated and paid on an annual basis. Loss of value can be difficult to calculate, especially when it comes to development space and evaluators can demonstrate their assessment. In cases where compensation cannot be agreed, a landowner may apply for a compensation decision from a court or property court. The need for a Wayleave agreement is often overlooked or mentioned at a late time. However, not taking into account the need for a Wayleave contract can have costly effects for a tenant who has a mandatory rent with his landlord but cannot work from the premises because he does not have the necessary IT infrastructure.