A Break For Landlords
The Keeble Hawson Commercial Property team has reported that a tenant had exercised a break clause, ending a lease early and sought a refund of parts of payments it had made in advance in respect of rent, service charge, car parking and insurance charges, which related to a period after the break date. However, the Court of Appeal ruled that it was not appropriate to imply a term into a lease that entitled the tenant to a refund in respect of payments that it had paid in advance in accordance with the terms of the lease.