As tenant's fixtures become part of the property, a failure to remove them on or before a break date does not mean that the tenant has failed to give vacant possession.When considering whether a chattel has become a fixture, the following is relevant:The court found (a) the partitioning was standard demountable partitioning and not fixed to the structure of the building and (b) the configuration of the partitioning was unique and to benefit the tenant rather than to afford a lasting improvement to the premises.On this basis, the partitioning comprised chattels and the presence of the partitioning at the premises on the break date substantially prevented or interfered with the landlord's right of possession. On or before the break date, you should seek a handover with the landlord to return the keys and to inform the landlord of any alarm codes.If you are a landlord and your tenant is seeking to exercise a break clause, ensure that you do not waive compliance with any conditions attached to the break clause until you have had an opportunity to assess the position. A failure to remove chattels jeopardises a condition attached to a break clause to give vacant possession.Tenant's fixtures are chattels that are attached to the land by the tenant for the purposes of its business and which are capable of physical removal without causing substantial damage to the land and without the chattels losing their essential utility as a result of the removal.
Veale Wasbrough Vizards LLP is a limited liability partnership registered in England and Wales, registered number OC384033, registered office Narrow Quay House, Narrow Quay, Bristol BS1 4QA. It was liable to pay rent for the remainder of the term.If you are a tenant, in order to meet the condition to give vacant possession, it is imperative that you move out on or before the break date and remove all goods and items from the property. If it is necessary to accept keys from the tenant or secure the property, this should be done on a without prejudice basis. Veale Wasbrough Vizards LLP is authorised and regulated by the Solicitors Regulation Authority (SRA 597329). There is no obligation on you as landlord to be helpful to the tenant and advise the tenant what you consider it must do to comply with any break conditions.To keep abreast of legal developments in your industry or generally, please subscribe to our law briefs.© Veale Wasbrough Vizards LLP. This is means to leave the property empty of tenant's possessions.It is important for public sector tenants to be aware of this to ensure that any break conditions are met when seeking to exercise a break clause.
A list of members may be inspected at the registered office. A member of The Association of European Lawyers with representative offices throughout the EU & Central & Eastern Europe. Offices in London, Watford, Bristol and Birmingham. Conversely, it is important for public sector landlords to be aware of this as there may be an opportunity to frustrate a tenant who is purporting to exercise a break clause while not satisfying any or all of the break conditions.The court had to consider whether the partitioning comprised chattels or tenant's fixtures.A tenant is generally required to remove chattels from the property at the end of the term on the basis that they do not form part of the premises. During the term of the lease, the tenant installed partitioning at the property. When the lease was granted, the premises were open plan.
All rights reserved. The term Partner means a member of Veale Wasbrough Vizards LLP or a senior employee of equivalent standing. Therefore, the tenant had failed to meet the condition to give vacant possession and had not validly exercise the break clause.
In the case of Riverside Park Ltd v NHS Property Services Ltd ([2016] EWHC 1313 (Ch)), to validly exercise the break clause, the tenant had to give vacant possession on or before the break date. VAT Registration number GB 172 8860 77.