If you've been approached with a request by Telstra, NBN, Optus, Vodafone or another telecommunication company, you should get legal advice to make sure the deal you've been provided with is fair and reflects market conditions. Usually we are able to arrange for your legal fees to be reimbursed to you in these types of matters.
Negotiating the rent, length of the term and other primary matters
Usually, the telecommunication company will provide you with a letter setting out the key terms and conditions they wish to offer you and they will ask that you sign it as soon as possible. You should get in touch with us as early as possible as this is a great opportunity for us to provide advice and to negotiate terms such as the rent, how the rent will be increased over the term, how the lease is likely to impact on your ability to do other things with your land and notification requirements when they need to access your land.
Once there's been an agreement on the key terms and conditions the proposed lease will be provided to us for review before you sign it.
Settling the terms of the lease
Most telecommunication companies will want to have their lawyers draft the lease and so there are often terms and conditions that we will seek to negotiate to better protect your interest as landlord. We will be thinking ahead and checking things like what rights the telecommunication company has to sublease a part of the tower to another provider, what right they have to terminate the lease early and the consequences of termination, and what clean up obligations they have at the end of the lease.
This process it can take some time and we will get in touch with you by email or phone when we have an update or when we need your instructions.
Once the lease has been settled, we'll make sure it is properly signed and we'll provide you with a copy and keep the original with your other important records.