The following Property practice note provides comprehensive and up to date legal information covering:
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.
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, such right can be modified or excluded by the terms of the lease. If a tenant's prima facie right to remove tenant's fixtures is to be ousted, the language of the lease must make that clear.
However, there is no rule of law that especially clear words must be used in a lease for a tenant's right to remove fixtures at any point during the term to be validly ousted. There is no proscribed language – it is a question of construction in each case. If it is not clear whether the parties intended to oust the tenant’s right (eg the lease is ambiguous), the right is not removed.
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
This Practice Note provides an introduction to intercreditor agreements and their key provisions. This Practice Note:•explains the purpose of having an intercreditor agreement and when an intercreditor agreement would be used instead of a deed of priority or subordination deed•provides links to
Who is a fiduciary?There is no comprehensive list of the relationships which give rise to the existence of fiduciary duties under common law. Some relationships are automatically fiduciary, eg those between trustee and beneficiary, solicitor and client, principal and agent, business partner and
What is QOCS?Qualified one-way costs shifting (QOCS) was introduced on 1 April 2013 as part of the Jackson costs reforms following the removal of a claimant’s right to recover additional liabilities from the defendant, ie success fees and after the event (ATE) insurance premiums. The relevant CPR
For guidance on the basic features of the doctrine of estoppel and the different classifications it has been subject to, see Practice Note: Estoppel—what, when and how to plead and related content.Promissory estoppel—what is it?Where A has, by words or conduct, made to B a clear and unequivocal
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.