Section 266 — Property Law Act 2007: Removal of fixtures by lessee

266 Removal of fixtures by lessee (1) A lessee may remove any trade, ornamental, or agricultural fixture (except a lessor’s fixture) that the lessee has affixed to any leased premises, but may only do so either— (a) while the lessee is in lawful possession of the premises; or (b) during a reasonable period after the lessee ceases to be in lawful possession of the premises or that part of the premises to which the fixture is affixed. (2) Subsection (1) applies unless, in relation to a lease, the lessor and lessee agree otherwise. (3) A lessee who exercises a right to remove a fixture must— (a) cause as little damage as possible to the leased premises; and (b) make good any damage caused; and (c) compensate the lessor for any damage caused and not made good; and (d) compensate the lessor for any other loss caused to the lessor (including indemnifying the lessor against all claims and expenses for the removal or damage made or incurred by the lessor under any superior lease). (4) A lessee who has ceased to be in lawful possession of the premises is entitled, during the reasonable period referred to in subsection (1)(b), to have access to the premises that is reasonable and necessary for the purpose of— (a) exercising any right to remove a fixture; or (b) carrying out any duty to make good any damage caused. (5) In this section, lessor’s fixture means a chattel that has been affixed to the premises (for example, a fence erected on the land), in such a manner that it becomes part of the structure of a building or otherwise becomes integral to the land, by— (a) the lessee; or (b) a former lessee of the premises whose leasehold estate or interest was acquired by the lessee; or (c) a sublessee whose right to remove the fixture has expired. Compare: Landlord and Tenant Act 1851 , 14 and 15 Vic, c 25 s 3 (UK)