Skip to main content
Mobile
  • Finance, Accounting & Economics
  • Global Business Management
  • Management, Leadership & Organisation
  • Marketing & Sales
  • Strategy
  • Technology & Operations
HS Talks HS Talks
Subjects  
Search
  • Notifications
    Notifications

    No current notifications.

  • User
    Welcome Guest
    You have Limited Access The Business & Management Collection
    Login
    Get Assistance
    Login
    Forgot your password?
    Login via your organisation
    Login via Organisation
    Get Assistance
Finance, Accounting & Economics
Global Business Management
Management, Leadership & Organisation
Marketing & Sales
Strategy
Technology & Operations
Practice paper

What is the meaning of the oft-used words ‘vacant possession’?

Vivien King
Journal of Building Survey, Appraisal & Valuation, 1 (1), 58-62 (2012)
https://doi.org/10.69554/DYIC3281

Abstract

A requirement to give ‘vacant possession’ of premises is common in the property world. For instance, a tenant might be required to yield up vacant possession at its lease end or when exercising a break option. Additionally, the hypothetical circumstances assumed at rent review may require vacant possession. The words usually appear in a sale and purchase contract, will often constitute a requirement in a settlement reached between parties to a dispute, or even appear in a court order. What, however, do these words really mean and how does one know that the concept has been achieved? Be it a building surveyor negotiating a dilapidation settlement, a valuer assessing a rental level or a lawyer advising a vendor or purchaser, all have long awaited firm judicial guidance. The Court of Appeal has recently reviewed previous case law and Lord Justice Rimer in particular has given the guidance required (NYK Logistics (UK) Limited v Ibrend Estates BV [2011] EWCA Civ 683). This paper looks at the judgment delivered and at some of the issues it raises.

Keywords: vacant possession; possession; occupation and control; chattels; fixtures; option to determine; conditional break clause

The full article is available to subscribers to the journal.

Already a subscriber? Login or review other options.

Author's Biography

Vivien King is a retired solicitor and consultant to Malcolm Hollis LLP, having been a highly regarded property litigation partner in well-known City of London firms. She now runs her own training company specialising in property law.

Citation

King, Vivien (2012, March 1). What is the meaning of the oft-used words ‘vacant possession’?. In the Journal of Building Survey, Appraisal & Valuation, Volume 1, Issue 1. https://doi.org/10.69554/DYIC3281.

Options

  • Download PDF
  • Share this page
    Share This Article
    Messaging
    • Outlook
    • Gmail
    • Yahoo!
    • WhatsApp
    Social
    • Facebook
    • X
    • LinkedIn
    • VKontakte
    Permalink
cover image, Journal of Building Survey, Appraisal & Valuation
Journal of Building Survey, Appraisal & Valuation
Volume 1 / Issue 1
© Henry Stewart
Publications LLP

The Business & Management Collection

  • ISSN: 2059-7177
  • Contact Us
  • Request Free Trial
  • Recommend to Your Librarian
  • Subscription Information
  • Match Content
  • Share This Collection
  • Embed Options
  • View Quick Start Guide
  • Accessibility

Categories

  • Finance, Accounting & Economics
  • Global Business Management
  • Management, Leadership & Organisation
  • Marketing & Sales
  • Strategy
  • Technology & Operations

Librarian Information

  • General Information
  • MARC Records
  • Discovery Services
  • Onsite & Offsite Access
  • Federated (Shibboleth) Access
  • Usage Statistics
  • Promotional Materials
  • Testimonials

About Us

  • About HSTalks
  • Editors
  • Contact Information
  • About the Journals

HSTalks Home

Follow Us On:

HS Talks
  • Site Requirements
  • Copyright & Permissions
  • Terms
  • Privacy
  • Sitemap
© Copyright Henry Stewart Talks Ltd

Personal Account Required

To use this function, you need to be signed in with a personal account.

If you already have a personal account, please login here.

Otherwise you may sign up now for a personal account.

HS Talks

Cookies and Privacy

We use cookies, and similar tools, to improve the way this site functions, to track browsing patterns and enable marketing. For more information read our cookie policy and privacy policy.

Cookie Settings

How Cookies Are Used

Cookies are of the following types:

  • Essential to make the site function.
  • Used to analyse and improve visitor experience.

For more information see our Cookie Policy.

Some types of cookies can be disabled by you but doing so may adversely affect functionality. Please see below:

(always on)

If you block these cookies or set alerts in your browser parts of the website will not work.

Cookies that provide enhanced functionality and personalisation. If not allowed functionality may be impaired.

Cookies that count and track visits and on website activity enabling us to organise the website to optimise the experience of users. They may be blocked without immediate adverse effect.