Cases - New Zealand Government Property Corporation v HM&S Ltd (No. 1)

Record details

Name

New Zealand Government Property Corporation v HM&S Ltd

Date

[1981]; [1982]

Citation

1 WLR 870; 2 WLR 837

Legislation

Landlord and Tenant Act 1954

Keywords

Valuation - public houses - fixtures - whether right to remove fixtures is lost by continued occupation - whether fixtures included when valuing the open market rental of demised premises

Summary

This case concerned the question of whether a tenant's right to remove fixtures at the end of the original term is lost by continued occupation, and whether the tenant's fixtures are to be included in determining the open market rental of demised premises. It was held that a tenant had the right to remove their fixtures from demised premises, so long as they are in possession as a tenant, and that therefore the open market rental of demised premises is to be determined without regard to the tenant's fixtures.