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Landlord and tenant—break clauses and vacant possession (Capitol Park Leeds v Global Radio)

Published on: 09 July 2021
Published by: LexisPSL
  • Landlord and tenant—break clauses and vacant possession (Capitol Park Leeds v Global Radio)
  • What are the practical implications of this case?
  • What was the background?
  • What did the court decide?
  • Case details

Article summary

Property Disputes analysis: The court overturned a first instance decision in which the judge had held that a tenant had failed to ‘give vacant possession of the Premises’, in compliance with a break clause condition, when it had stripped out a number of landlord’s fixtures or elements of the building before vacating. Where a tenant’s right to determine a tenancy was conditional upon giving vacant possession of the Premises, that condition was not concerned with the physical state of the demised property but only with whether the landlord was recovering it free of people, chattels and interests. ‘The Premises’ meant the Premises as they were from time to time. Written by Joanne Wicks QC, barrister, at Wilberforce Chambers. or take a trial to read the full analysis.

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