The landlord wanted the property handing back in an open plan state. However, was the landlord correct to require this? Had the property been sub-divided prior to the original lease or had it been sub-divided at a later date?
In the absence of a reference in the lease as to whether the alterations should be taken into account then the tenant would be in a strong position. The effect on the landlord would not be insignificant, because the landlord intended to re-let the property in an open plan state and, thus, would take out the sub-divisions. A landlord could not, therefore, require the tenant to put areas which were to be reinstated into a good condition, nor require redecoration of these areas, since any works that the tenant would do would be undone by the landlord’s later works.