What constitutes vacant possession?

Tenants NHS Property Services Limited recently attempted to exercise a break clause in a 10-year lease it had with landlords Riverside Park Ltd. During its occupancy, NHS Property Services installed demountable partitioning – which it failed to remove when they vacated the premises. Riverside Park argued that vacant possession had not been given, a view upheld by the court, who ruled the lease could not be terminated and instructed NHS Property Services to pay rent for the full duration of the lease.

Writing for Commercial News Media, Thrings partner Steve Schofield discusses vacant possession in the context of conditional break clauses, and assesses what this landmark court ruling means for both landlords and tenants.

Click here to read the article in full.

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