This was the first case since 1946 to reach the Court of Appeal on the question of “vacant possession” and it is likely to be treated as the leading authority.
The case concerned the operation of a break clause in a commercial lease, requiring the tenant to give its landlord, Ibrend, vacant possession. The tenant NYK gave notice and moved out, but returned after the break date to carry out minor repairs and was therefore found not to have given vacant possession.
Until this judgment, decisions on vacant possession were based on the tests in Cumberland Consolidated Holdings v Ireland, which have as a result of this case been replaced by the Court of Appeal with a much more clear and workable test.
John de Waal acted for the successful landlord Ibrend.
For further information, please refer to the judgment in NYK Logistics (UK) Ltd v Ibrend Estates BV  EWCA Civ 683;  4 All ER 339.
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