Vacant Possession: Take it away

Forsters LLP | Property Law Journal | October 2016 #345
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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Vacant Possession: A practical overview

Pinsent Masons | Property Law Journal | August 2011 #274
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?

Osborne Clarke | Property Law Journal | June 2011 #273
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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