Wayleave Agreements for internet on commercial property
Setting up an office or commercial property requires careful planning, considering all essentials, including furniture, fittings, and IT hardware such as computers and printers.
Reliable internet connectivity is essential for any modern business, and without a Wayleave Agreement in place, accessing the internet or emails may not be possible.
What is a Wayleave Agreement?
A Wayleave Agreement allows a service provider (such as BT Openreach) the right to install equipment through or over a third party’s land.
Before signing a tenancy agreement, ensure that Wayleave arrangements are addressed, without a Wayleave Agreement, service providers may not be able to install fibre optic cables.
This could leave your business dependent on outdated phone lines or without internet access for an extended period.
Most commercial tenancies will only allow you to connect to an existing network; if there are no existing IT connections, you’re stuck unless you’ve negotiated a Wayleave Agreement.
This would ensure that a service provider could come in and install your hardware.
Bear in mind that a landlord is not required to provide a Wayleave Agreement, they may arrange installation themselves, but this does not always meet the specific needs of your business.
If a landlord does allow a tenant to arrange for a service provider to install cabling, the service provider will still need confirmation from the landlord that the installation is authorised.
“Why does this matter?”
Landlords will want to ensure that installation and removal of equipment does not result in additional costs for them.
They also have to ensure that any installation conforms with Health & Safety legislation and doesn’t compromise the building’s interior or exterior.
The key to ensuring you’re not left with a dead router and no Internet connection is to plan ahead. An office move turns solicitors into project managers and conveyancing experts into list-makers.
Organisational skills are essential to a successful relocation. That includes putting Internet connectivity at the top of your to-do list, including negotiating that Wayleaves Agreement with your new landlord.
Other Priorities: a To-do List
While a Wayleave Agreement is one of your priorities, it’s not the only thing on the must-do list. Before you move into a new office, there are a few more things to tick off the list, including:
● EPC – Energy Performance certificates are particularly relevant if the building you’re moving into is a little older. Without this, a landlord cannot let a property. An EPC should be part of your tenancy package.
● Condition of premises – Before you sign that agreement, take a look at the inventory and ensure that it matches the condition of the premises. Remember that first impressions really do matter to clients. If it’s not to your satisfaction, it may be time for a second round of negotiations with the landlord.
● Schedule of condition – Prepare a schedule to clarify maintenance responsibilities and help prevent disputes at renewal or termination.
● Break clauses – The option to end the lease early subject to conditions should be part of any commercial lease. However, both parties have to agree that the conditions are fair, including notice, restoration of the property back to ‘original specifications’ and who is responsible for removing any installations such as cables.
● Reinstatement and alterations – Confirm that the lease sets out the process for rent reviews and how any increases will be negotiated.
If you’re planning to move to new commercial premises and want professional, no-nonsense advice, contact our commercial property experts at Orwins today.
