already registered?

Please sign in with your existing account details.

need to register?

Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.

Privacy statement - Terms and conditions

a lease break fails because a tenant did not remove extensive partitioning

29 July 2016
Riverside Park Ltd v NHS Property Services Limited is a must-read case. It provides guidance on a variety of issues associated with conditional breaks, including whether certain items are chattels or fixtures, what giving vacant possession means, interpretation of break conditions and reinstatement trigger notices. 

The court found that vacant possession had not been given because extensive partitioning had not been removed. The partitioning was found to be chattel as opposed to a fixture and the court neatly summarises and applies the relevant law. Interestingly however the court found that the tenant was on “stronger ground” in arguing that its failure to remove kitchen units, floor coverings, window blinds, an alarm and water pipes was not breach of the obligation to give vacant possession. The tenant’s failure to remove the partitioning meant vacant possession was not given and the 2013 break option failed.        

The message:  If you are thinking about exercising a break it is crucial you take advice and that you take a cautious view on whether items need to be removed as part of any conditions of the break. 

related opinions

Max Schrems and 25,000 others poke at Facebook’s privacy policy in latest ECJ proceedings

Following his ‘Safe Harbor’ victory, Austrian privacy activist Max Schrems is again acting as a thorn in Facebook’s side as he attempts to challenge a variety of its data protection practices.

View blog

Can witness statements be made public prior to trial?

In Jeffrey Ross Blue v Michael James Wallace Ashley & Times Newspapers LTD [2017] the Court considered whether witness statements prepared for trial and included in an interim hearing bundle could be made available to the public in advance.

View blog

Mergers of NDPBs - an environmental context

As more Non-Departmental Public Bodies (NDPBs) are merged (or demerged) to boost efficiency and accountability, how does that process impact on the employees?

View blog

Sainsbury’s response to Amazon’s entry into the grocery business

Hot on the heels of yesterday’s news of Amazon’s acquisition of Whole Food, Sainsbury’s look to expand with a proposed acquisition of Nisa.

View blog