Government broadband upgrade proposals: Implications for landlords and tenants of residential long leases

• 23 January 2026
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The UK government is consulting on proposals to make it easier for leaseholders in flats to upgrade to gigabit-capable broadband in a consultation launched on 15 December 2025. The aim is to remove barriers where freeholders currently have the ability to refuse or ignore requests for cabling works. While the proposals aim to improve connectivity, they raise important questions for residential property law, particularly where existing leases do not anticipate such works.

Many leases grant landlords rights of access over flats for maintenance and repair, but not all include rights to install new infrastructure or upgrade existing cabling. If a lease does not expressly permit these works to be done by the landlord, the landlord may lack authority to carry them out without the leaseholder’s consent. Similarly, if the leaseholder’s demise includes internal walls, installing new cabling could require negotiation as the landlord will not be able to cut into the wall without the leaseholder’s consent.

Unless legislation creates an overriding right, landlords may need to rely on:

• Statutory access rights (e.g. under the Landlord and Tenant Act 1985, which provides landlords with a statutory right of access to carry out repairs to the structure, exterior and installations), or
• A deed of variation to amend the lease.

What happens if the leaseholder wants to upgrade but the landlord does not?

Under the proposals, leaseholders will have a statutory right to request broadband upgrades. However, this does not automatically override contractual limitations in the lease. If the landlord does not wish to proceed, the position will depend on:

• Whether the lease  requires the landlord to approve or carry out such works.
• Whether legislation introduces an obligation on landlords to permit access to leaseholders for telecom providers to install it.

Until the law changes, a landlord could refuse if the lease does not provide for the necessary rights to allow the upgrades to be carried out and no statutory right of access applies.

What happens if the landlord wants to upgrade but the tenant does not? 

In some cases, the landlord may wish to upgrade cabling for the benefit of the building, but the tenant may object. Whether the landlord can proceed depends on the lease:

• If the lease reserves rights to the landlord to install or upgrade services, the landlord can usually carry out the works, subject to the terms of such access in the lease.
• If the lease only allows repair and maintenance, the landlord may not be able to insist on improvements without the leaseholders consent if installing the cabling requires access to the leaseholder’s property.

Future leases should consider including express rights for digital infrastructure upgrades to avoid disputes.

Can informal consent work?

If the lease does not permit upgrades, the parties can agree informally to allow the works. This often happens where the landlord and tenant cooperate and the works are minor. However, informal consent carries risks:

• It may not be enforceable if ownership changes.
• Liability for damage or reinstatement may be unclear.

Best practice is to document consent through a licence for alterations or wayleave agreement.

Who pays for the works?

The consultation suggests that leaseholders will bear the cost of upgrades, likely through service charges. This raises two key considerations:

• Costs must be recoverable under the lease and must meet the reasonableness test in section 19 of the Landlord and Tenant Act 1985.
• If the works qualify as “qualifying works” under section 20, landlords may need to consult leaseholders through a statutory process before incurring costs if they intend to charge the cost through the service charge.

What happens next?

These proposals are at consultation stage only and may take time to become law. For now, there is no immediate action required, but freeholders should keep informed of developments and consider whether their leases are future-proofed for digital infrastructure upgrades.