Tenant’s reinstatement
Tenant’s reinstatement

The following Property practice note provides comprehensive and up to date legal information covering:

  • Tenant’s reinstatement
  • No reinstatement obligation
  • Covenant to reinstate
  • Unlawful alterations
  • Reinstatement on notice
  • Has notice been given?
  • Timing of the notice
  • Reinstatement unless notice given
  • Successors in title
  • Renewals
  • More...

Tenant’s reinstatement

Reinstatement of alterations can be very contentious. Landlords may be left with a property in an unlettable state or tenants may find that they are called upon to undertake reinstatement works, which could take months, at the eleventh hour.

No reinstatement obligation

If there is no obligation to reinstate the demised premises, a lawful alteration becomes part of the premises. The tenant cannot be made to reinstate. It must yield up the premises with the alterations, though it has a right to remove any tenant’s fixtures up until the last minute of the term. See Practice Note: Fixtures and fittings.

In Peel, the Court of Appeal confirmed that while a tenant is, in principle, entitled to remove any tenant's fixtures, that right can be modified or excluded by clear wording in the lease. However, there is no rule of law that especially clear words must be used — there is no particular form of words that must be used, and in every case it is a question of construing the terms of the lease.

Even if there is no reinstatement obligation, other provisions can affect the tenant’s obligation to reinstate. For example, a covenant to leave premises in good repair and condition was held to mean that the tenant had to remove redundant equipment from the property.

Covenant to reinstate

The covenant to reinstate may be in the lease,

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