Business lease – break notice vacant possession – obligation of the tenant

Secretary of State for Communities and Local Government v South Essex College of Further and Higher Education (Unreported) (HHJ Dight) (Central London County Court) (28 July 2016)

Readers will recall that in our September 2016 issue Commercial Leases Vol 30 Issue 7 at p 2327, we highlighted the case of Riverside Park Ltd v NHS Property Services Limited [2016] EWHC 1313 (Ch) in which it was held that the tenant was not entitled to exercise an option to break because it had not removed partitions and other chattels to such an extent that it had not given vacant possession. A similar issue arose in this case which we summarise in brief.