RED Alert — spring 2014: can a tenant remove its fixtures? What’s yours is mine

In the autumn 2013 edition, Taylor Wessing considered the decision of the court allowing a tenant to remove even very heavy industrial items. This decision has now been overturned by the Court of Appeal (Peel Land and Property [Ports No. 3] Ltd v TS Sheerness Steel Ltd [2014] EWCA Civ 100).

In contrast with the first-instance decision, the Court of Appeal has ruled that the tenant would be prevented from removing its fixtures at a recycling plant until the end of its lease. Although tenants are frequently able to deal with or dispose of their fixtures as they see fit, the terms of the lease precluded the tenant from doing so in this case.

The decision did turn on the facts and the particular drafting of the lease, as it will do in every case. Nonetheless, it gives a useful illustration as to how a court will approach this subject…

Click on the link below to read the rest of the Taylor Wessing briefing.

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