What is a tenant’s obligation if a chattel is let with the building?

Battles about Chattels Part 3 of 4

The tenant’s obligations in respect of chattels let with the building e.g. carpets which are not fixtures will depend entirely on the terms of the lease; it is not possible to give any general guidance. They may be referred to in the lease expressly, or as “fittings” (see above), in which case the terms of the lease will govern the situation.

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Or the lease may be entirely silent on them, in which case the issue will be what intention should sensibly be imputed to the parties in respect of them. This may depend on considerations such as the nature of the chattels, their condition, value, and importance to the business to be conducted on the premises.

NB: This article is part of a series of four entitled ‘Battles about Chattels’ which addresses issues surrounding fixtures and chattels in dilapidations disputes:

• What are fixtures and chattels?
• Is it a fixture?
• What is a tenant’s obligation if a chattel is let with the building?
• Must a tenant remove tenant’s fixtures?

Stephen Jourdan QC

Stephen Jourdan QC covers all aspects of property and agricultural litigation, including insolvency, partnership, professional negligence, animal health and pollution claims, and acting as arbitrator and independent expert.