When is Vacant Possession, vacant possession?
Two recent cases have highlighted the need to be (as ever) very careful when exercising a break clause. A break clause may only be exercised if any conditions attached to it have been satisfied. A break clause will often contain a condition that the tenant must give vacant possession. In the cases of (1) Riverside Park Limited –v- NHS Property Services Limited [2016] and (2) Secretary of State for Communities and Local Government –v- South Essex College of Further and Higher Education [2016] the two tenants had left partitions in…