Vacant Possession

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  • Vivien and Rose?
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  • VACANT POSSESSION | meaning in the Cambridge English Dictionary.
  • A people and chattel-free zone.

There are still a number of leases in existence which contain a contractual right for a tenant to break its lease as long as a number of different pre-conditions are met. These break clauses are extremely difficult for tenants to manage effectively.

The leases in question often date back to a time when the landlords had all the bargaining power and tenants were too willing and signed up to onerous terms. The most recent litigation on a conditional break clause, NYK Logistics -v- Ibrend Estates actually contained a much fairer break clause but one which the tenant still failed to effect.

In the last week of the term there had been inconclusive negotiations for an extension of time to finish the dilapidations works.

Vacant possession

On the break date the tenant did not return the keys to the landlord, kept site security in place and the Court of Appeal found that it took no actions that were consistent with delivering up the premises with vacant possession. The tenant believed it could rely on the fact that the landlord had waived the breach of the obligation to deliver up vacant possession but the landlord had not done so and had not intended to do so.

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Waiver is a difficult point to prove. For those who like the technicalities, whether properties are delivered up with vacant possession is still a two part test —.

Mar 24, 2017

For those who like the technicalities, whether properties are delivered up with vacant possession is still a two part test — Was the person who was required to give vacant possession still actually using the property for his own purposes? In a straightforward case, vacant possession means absence of people or chattels. However, there are several examples where a breach of vacant possession has been caused by an outstanding legal claim — and there have been some very obscure ones over the years. In , a Mr Baylis sold land with vacant possession, which fronted a main road.

Property Feature: Vacant Possession

It subsequently transpired that the Highways Authority claimed the land had been dedicated as a highway for road-widening work and therefore Mr Baylis was not in a position to sell it with vacant possession. The purchaser successfully sued for damages. In another case, a ground floor flat in a house was sold with vacant possession. Unfortunately, a clause under a relevant Housing Act meant that only one household could occupy the whole property and as the first floor flat was occupied, the seller was not in a position to give vacant possession.

The moral of the story is to ensure that any potential legal claims are thoroughly investigated and not just rely on an empty building.

James Polo-Richards Partner. James works alongside clients to help find practical solutions to problems so that they can achieve their goals and realise the value of their assets in a timely and cost efficient manner. Will the courts enforce the decision?

What is Vacant Possession? A Conveyancing Hot Potato! | Geoffrey Lurie

Although most commercial construction contracts are subject to adjudication, there are notable exceptions as laid out in Section of the Construction Act. The importance of being absolutely clear on what sort of contract you are entering into, and the implications, is critical in the event of a dispute.

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Types of Vacant Possession

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All articles Legal articles Legal guides Case studies Blogs. Vacant Possession — what does it mean to you? Home Knowledge Legal articles March A tenant taking a property lease will expect the landlord to give vacant possession and, by the same token, a landlord will expect the tenant to give vacant possession when the lease comes to an end either at the end of the term or through the exercise of a break.