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 and the tenant cannot be made to reinstate. The tenant must yield up (ie return) 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 Land and Property v TS Sheerness Steel, 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. Therefore, there is no particular form of words that must be used, and in every case it is a question of construing
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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Reinstatement definition
What does Reinstatement mean?
Following the lapse of a policy, ordinarily through failure to pay the due premiums, some policies allow the ability to reinstate the cover.
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