Peel Land and Property (Ports No 3) Ltd v TS Sheerness Ltd

Landlord and tenant – Fixtures. The claimant landlord issued proceedings against the defendant tenant, contending that it did not have the right to deal with tenant's fixtures during the currency of the lease term. The judge held that the tenant had had such right and the claimant appealed. The Court of Appeal, in allowing the appeal, held that there was no rule of law that especially clear words had to be used in a lease in order for a tenant's right to remove fixtures at any point during the term to be validly ousted. Accordingly, on the proper construction of the lease, the tenant was precluded from removing any tenant's fixtures, save as permitted by the proviso in the lease.

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