In Young v Dalgety (1987) the landlord entered into an agreement with the tenant to lease his property and as per the agreement, the tenant was to install the fittings for the lighting and to do the flooring. Both the fittings for the lightings and the flooring were firmly affixed to the property and when the rent was reviewed as per the provisions of the lease (rent review is done at specified intervals) the landlord argued that the fixtures were landlord fixtures or fixtures per se while the tenant claimed that they were tenant fixtures or chattels.
The matter was taken to court and it was decided that the lighting fixtures and the flooring were tenant fixtures and could be removed. In most instances’ fixtures attached to a property by tenants to conduct their trade or business as the tenant had asserted are to be regarded as tenant fixtures or chattels.
It is however also relevant to consider the extent of the damage, if any, the removal of the fixtures will cause to the property, and if the landlord is adequately compensated.
Copyright © 2019 by Dyarne Jessica Ward