Controversial break case update
Walker Morris reported recently on the High Court decision in Marks & Spencer v BNP Paribas Securities. The decision sparked controversy within the real-estate industry, particularly among commercial landlords, tenants and property litigators, because it seemed to fly in the face of established break notice principles and practice.
It has previously been clearly understood, and strictly endorsed by the courts, that post-break ‘overpayments’ (i.e, those rent and other lease payments that tenants are required to make in advance but that end up relating to periods following mid-term break dates) will only be recoverable from landlords where the particular lease in question contains express and very clear wording to that effect…
If you are registered and logged in to the site, click on the link below to read the rest of the Walker Morris briefing. If not, please register or sign in with your details below.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.
News from Walker Morris
News from The Lawyer
Briefings from Walker Morris
Also: defining ‘building’ in planning policy; and more
Notices served in the first four months of an assured shorthold tenancy will be invalid, and other changes
Analysis from The Lawyer
Which firms are cutting it in this era of slimline rosters, and who are the GC new brooms making clean sweeps? The Lawyer can reveal all
The law school war shows no signs of ending. But we have, perhaps, reached the end of the beginning.