Capitol Park Leeds Plc & Anor v Global Radio Services Ltd [2021] EWCA Civ 995 (05 July 2021)

Capitol Park Leeds Plc & Anor v Global Radio Services Ltd [2021] EWCA Civ 995 (05 July 2021)

Clause 10.1.4 of the lease requires the tenant to return the premises as they are on the break date free of people, chattels, and interests; it does not require the premises to be in any particular physical condition or to include all original fixtures and fittings. The removal of fixtures did not prevent valid exercise of the break clause, and the lease terminated on the break date.

Citation
[2021] EWCA Civ 995
Parties
Claimant/respondent: Capitol Park Leeds PLC; Claimant/respondent: Capitol Park Barnsley Limited; Defendant/appellant: Global Radio Services Limited
Jurisdiction
England and Wales
Judgment Date
05 July 2021
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeal allowed
Legal Topics
Break Clauses, Vacant Possession, Lease Termination, Construction of Lease Terms
Property Law Landlord and Tenant Break Clauses Vacant Possession Lease Termination Construction of Lease Terms

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Parties

Capitol Park Leeds PLC

Claimant/respondent

Capitol Park Barnsley Limited

Claimant/respondent

Global Radio Services Limited

Defendant/appellant

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether removal of fixtures and fittings by tenant prevented valid exercise of break clause requiring 'vacant possession'
  2. 2 Proper construction of 'vacant possession' in the context of the lease

Ratio Decidendi

Clause 10.1.4 of the lease requires the tenant to return the premises as they are on the break date free of people, chattels, and interests; it does not require the premises to be in any particular physical condition or to include all original fixtures and fittings. The removal of fixtures did not prevent valid exercise of the break clause, and the lease terminated on the break date.

Court Disposition

Appeal allowed

Orders

  • Declaration that the lease terminated on 12 November 2017
  • Any further relief to be determined as appropriate