You are here

Partitions and vacant possession

David Sawtell and Erol Topal consider the implications of Riverside Park for landlords and tenants with a break clause requiring vacant possession

22 December 2016

Many tenants install partition walls into their office suites. At the end of the tenancy, when it is time to deliver up vacant possession of the premises, do these need to be removed? Riverside Park Ltd v NHS Property Services Ltd [2016] EWHC 1313 (Ch) considered this issue and raised two points of importance to property lawyers. First, what is the difference between a fixture and a chattel? Second, what is meant by vacant possession?

Riverside Park granted a ten-year lease of open-plan office space to Wirral Primary Care Trust. The tenant was entitled to terminate the lease under a break clause, but a break notice would only be effective ‘if the Tenant gives vacant possession of the Premises to the landlord on or before (24 September 2013)’.

The tenant gave notice but the landlord argued that it was not effective because the tenant did not give vacant possession due to the...

Want to read on?

This article is part of our subscription-based access. Please pick one of the options below to continue.

Already registered? Login to access premium content

SUBSCRIBE for one User

Unlimited access to the entire SJ website for a full year for one user.

  • 10 issues a year delivered to you
  • Digital edition of the magazine for one user – sent to your inbox or accessible through the website
  • Access to premium content on the website
  • Access to the fully searchable online archive of Solicitors Journal, Managing Partner and Private Client Adviser, which spans over 13 years
  • Weekly email newsletter with all the latest news, analysis and features
  • Comment on SJ content and contribute to the SJ community online
  • Advanced search feature
  • Online support
  • Access to SJ app compatible with Android and Apple devices – coming soon!
  • 6 special focuses per year
  • Special offers and discounts on Solicitors Journal and IICJ events

Subscribe

CORPORATE SUBSCRIPTION

Your department or entire firm can subscribe to Solicitors Journal online, providing easy access for all who require it. Discount corporate subscription rates apply, based on number of users.

The Corporate IP Licence includes:

  • Digital copy of the magazine sent to individuals’ inboxes and accessible through the website. Solicitors Journal publishes 10 issues per year
  • Unlimited access to premium content on the website based on IP addresses
  • Unlimited access to the fully searchable online archive of Solicitors Journal, Managing Partner and Private Client Adviser, which spans over 13 years
  • Weekly email newsletter with all the latest news, analysis and features
  • Comment on SJ content and contribute to the SJ community online (username required)
  • Unlimited access to SJ app compatible with Android and Apple devices
  • 6 special focuses per year
  • Special offers and discounts on Solicitors Journal and IICJ events

The Corporate IP Licence is tailored to your firm, making it the most cost effective way for the firm to access Solicitors Journal, and enables the firm to remain compliant with copyright and our Terms and Conditions. This gives you the ability to print and circulate articles within the firm.

To enquire about a Corporate IP Licence for your firm, please contact our Subscriptions Manager on emily.beechey@solicitorsjournal.com.