Many tenants install partition walls into their office suites. At the end of the tenancy, when it is time to deliver up vacant possession of the premises, do these need to be removed? Riverside Park Ltd v NHS Property Services Ltd [2016] EWHC 1313 (Ch) considered this issue and raised two points of importance to property lawyers. First, what is the difference between a fixture and a chattel? Second, what is meant by vacant possession?

Riverside Park granted a ten-year lease of open-plan office space to Wirral Primary Care Trust. The tenant was entitled to terminate the lease under a break clause, but a break notice would only be effective ‘if the Tenant gives vacant pos...

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