Q&As

A tenant of commercial premises covenanted not to make any alterations or additions to the premises without the landlord's consent. The tenant then sought and obtained consent to carry out its restaurant fit out. The premises is defined to include all alterations or additions to the premises. The tenant is also obliged to yield up the premises. Is the tenant therefore required to yield up the premises in its altered state? If the tenant is exercising a break which is conditional on giving vacant possession, case law suggests that it must remove all chattels. If a chattel formed part of the alterations and additions which the tenant is to yield up, does it still have to remove them to satisfy the vacant possession condition?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on LexisPSL on 23/04/2021

The following Property Disputes Q&A produced in partnership with Chris Bryden of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • A tenant of commercial premises covenanted not to make any alterations or additions to the premises without the landlord's consent. The tenant then sought and obtained consent to carry out its restaurant fit out. The premises is defined to include all alterations or additions to the premises. The tenant is also obliged to yield up the premises. Is the tenant therefore required to yield up the premises in its altered state? If the tenant is exercising a break which is conditional on giving vacant possession, case law suggests that it must remove all chattels. If a chattel formed part of the alterations and additions which the tenant is to yield up, does it still have to remove them to satisfy the vacant possession condition?

A tenant of commercial premises covenanted not to make any alterations or additions to the premises without the landlord's consent. The tenant then sought and obtained consent to carry out its restaurant fit out. The premises is defined to include all alterations or additions to the premises. The tenant is also obliged to yield up the premises. Is the tenant therefore required to yield up the premises in its altered state? If the tenant is exercising a break which is conditional on giving vacant possession, case law suggests that it must remove all chattels. If a chattel formed part of the alterations and additions which the tenant is to yield up, does it still have to remove them to satisfy the vacant possession condition?

Alteration and addition clauses are common in commercial leases, as the landlord will usually wish to ensure that upon expiration of the term or earlier determination, the premises will

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