Partitions And Vacant Possession

We are often asked by landlords whether tenants need to completely strip out premises including partitioning when they are required to deliver up vacant possession. This is most common when break clauses are conditional on delivering vacant possession.

What does vacant possession mean?

In the leading case (NYK Logistics Limited –v– Ibrend Estates), it was decided that –

• the property must be empty of people
• the person needing vacant possession must be able to take immediate and exclusive possession, occupation and control of the property
• The property must be empty of chattels and Ibrend made it clear that this element of the test is only breached if the chattels remaining are significant so that they substantially prevent or interfere with the enjoyment of the right to possess a substantial part of the property