Cases - Young v Dalgety plc
Record details
- Name
- Young v Dalgety plc
- Date
- [1987]; (1987)
- Citation
- 1 EGLR 116, CA; 281 EG 427
- Legislation
- Keywords
- Commercial property – rent review – tenant’s trade fixtures- obligation to lay carpets and install light fittings – whether the tenant’s trade fixtures were removable under normal common law rules
- Summary
-
The tenant's agreement for lease imposed an obligation on the tenant to lay carpets and install light fittings at the premises. This obligation did not affect the subsequent status of these items, which were removable by the tenant (under normal common law, and in the absence of any contrary provision in the lease) as being tenant's trade fixtures.
The case concerned a rent review clause and the impact of fixtures on it:
- light fittings which consisted of fluorescent tubes contained in glass boxes fixed securely to the plaster of the ceiling; and
- floor covering being carpeting fixed to the floor by gripper rods, such rods being fixed to the floor with pins which were themselves attached to the carpet (the rods were laid on a screed floor);
both were found to be tenant’s fixtures. (This should be contrasted with TSB Bank plc v Botham where the carpets were cut to size and held in place by gripper rods yet held not to be fixtures.)