Q&As

Where a lease by renewal of an original lease requires the tenant (who is the original tenant) to remove ‘all alterations installed by the tenant’, would that apply to alterations made by the tenant under the original lease or only those made since the renewal lease?

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Produced in partnership with David Nicholls of Landmark Chambers
Published on LexisPSL on 08/09/2017

The following Property Q&A produced in partnership with David Nicholls of Landmark Chambers provides comprehensive and up to date legal information covering:

  • Where a lease by renewal of an original lease requires the tenant (who is the original tenant) to remove ‘all alterations installed by the tenant’, would that apply to alterations made by the tenant under the original lease or only those made since the renewal lease?

Where a lease by renewal of an original lease requires the tenant (who is the original tenant) to remove ‘all alterations installed by the tenant’, would that apply to alterations made by the tenant under the original lease or only those made since the renewal lease?

The issue of alterations should not be overlooked at lease renewal. The premises may have been significantly altered. Unless the parties state otherwise, the property leased is the property in the physical state it is in at the date of the lease. Therefore, ideally the parties should agree exactly what is to be demised and yielded up at the expiry of the new term. Ideally this should be set out clearly in the lease, by reference to a detailed description (possibly with a requirement to remove certain alterations at the outset). Otherwise, a landlord may find that it is unable to require a tenant to remove previous alterations as they will be considered to be part of the demise. See Practice Note: Tenant’s reinstatement.

Having said that, the meaning and effect of any provision in a lease is a question of construing that provision in the context of the lease and the surrounding circumstances. It is possible that an obligation on a tenant to remove ‘all alterations installed by the tenant’ might include alterations made by the tenant under the

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