If you are buying or renting a property with a free property, it is advisable to check the property as soon as possible after closing. If you have any doubts as to whether you are able to meet the requirement to sell or lease a freehold property or if you feel that the free ownership clause of your contract has been breached, it is imperative to seek immediate legal advice. If you are buying a property with a free property, all people and furniture must have disappeared because of the moving date. There are situations where a property is sold without virgin property, for example when the property is sold with tenants on site. If your lease is not protected by the seniority security provisions of the 1954 Act, it will end on the day of the break, provided all conditions are met. One of the most common and controversial conditions is to give free possession. This issue continues to be the subject of much discussion in the courts and raises a number of reflections: according to Ibrend, the board for those who are required to provide free possession must remain to ensure that all employees have left the site. The position with regard to Chattels is less simple, but it seems that whether the presence of objects in the property will prevent empty possession is a matter of degree. Among the situations in which the duty of unoccupied detention is violated, the landlord asserted that the tenancy agreement had not been effectively terminated because the tenant had not complied with the obligation not to respect the empty possession. Empty property in a legal context meant that the property had to be empty by the persons (including the contractors), so that the lessor could take immediate and exclusive control of them and enjoy it. The same principle would apply to a purchaser of the property. The tribunal`s finding that the lessor only had to accept the rebate when the vice-president was given could have an impact on a transfer agreement.

The case also concerned the effect of a previous express condition of the rebate agreement that the tenant must pay „all the money owed“. Did this impose an obligation on the tenant to settle a forfeiture claim before the demission date so that the rebate could continue? While the case is not expected to affect the Vice-President`s leasing-break rights (which were expressly contrasted in the case of a surrender agreement with VP), parties to early termination must nevertheless bear in mind that the Code for Premise Leasing Business recognizes the difficulties that the concept of „empty ownership“ can cause with respect to termination clauses. The code recommends that the only conditions applicable to the exercise of a right of break be that the tenant (i) be up to date with the principal rent, (ii) abandons the job and (iii) does not leave a continuous sublease.