Rent repayment on a break clause
Elisons has reported that, in Marks and Spencer plc v BNP Paribas Securities Services Trust Company (Jersey) Ltd and another [2013] EWHC 1279 (Ch), where the tenant exercised a break clause part-way through a quarter, having paid the rent for the full quarter, the High Court implied a term into the lease entitling the tenant to a repayment of the rent from the break date to the end of the quarter. This decision is a departure from the widely-accepted view that, in the absence of an express provision in the lease, a tenant will not be entitled to a refund of any rent paid that relates to the period after a break date.
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