NYK Logistics (UK) Ltd v Ibrend Estates BV [2011] EWCA Civ 683 – Law Journals

Vacant Possession: Take it away

Rosalind Cullis discusses a case which serves as a salutary reminder of the importance of compliance with break conditions ‘If there is a substantial impediment to the landlord’s use of the property, or a substantial part of it, then vacant possession has not been given.’ What amounts to vacant possession has, once again, been considered …

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Landlord And Tenant Basics: Lease expiry

Penelope-Jane Gibbs discusses the important procedural requirements for tenants of commercial premises to consider before the expiry of their lease ‘If there are no provisions in the tenancy as to how rent should be apportioned at the expiry of the term and a tenant serves a notice to quit, to end part way through a …

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Lease Break Clauses: What could possibly go wrong?

Jon Dickins rounds up recent case law on the vexed issue of interpreting break clauses Recent cases have demonstrated that the courts will tend to side with the landlord if the tenant has not complied strictly with the wording of a break clause.Life is full of uncertainty and, in a competitive commercial property market, tenants …

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Vacant Possession: A practical overview

Dr Keith Shaw analyses the Court of Appeal decision in Ibrend Estates, and what vacant possession really means in practice ‘Tenants frequently misunderstand the requirements for the successful operation of a break option, and unwittingly find that they remain liable and tied to the covenants contained in their current lease because of a failure to …

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Vacant Possession: Where are we now?

Daniel Cuthbert and Carl Roche assess the current state of play with regards to break clauses that are dependent on vacant possession ‘It is clear that the court has retained a significant amount of discretion for the purposes of considering vacant possession. Consequently, there remains some uncertainty as to what is required in order to …

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