What is a wayleave agreement?

In a lease situation, a wayleave agreement authorises a Tenant’s internet provider to install their equipment in and through the Landlord’s building. For example, a Tenant is leasing the office space of a building, say the sixth floor, and requires internet for their premises. The telecommunications room is on the basement level of the building, and the internet provider needs to install cabling through the building to provide these services to the Tenant. Can they do this?

Not without the Landlord’s consent – a wayleave agreement is required first. As the equipment will be installed in parts of the building that do not form part of the Tenant’s premises, the Landlord’s specific consent is needed. A wayleave agreement regulates the rights, obligations, and liabilities of each of the Landlord, Tenant, and internet provider during the installation process, throughout the term the services are provided, and on the termination of the lease.

If you are entering into a new lease and require a wayleave agreement, it is important to start discussions with your Landlord and service provider at the same time you are negotiating the terms of your lease. Before a Landlord will provide their consent, they will need to see details of the equipment to be installed and the proposed installation plan from your service provider which usually takes a minimum of 2-3 weeks to come together. If a wayleave agreement is not signed before the completion of your lease, your Landlord is under no (legal) obligation to provide their consent or sign an agreement on the terms you have verbally agreed.

If you are unsure whether you need a wayleave agreement, or need help negotiating the terms of the agreement, please get in touch.

Maria Hamber