Veale Wasbrough Vizards

UK 200 2013 position: 98

Marks & Spencer CA decision — a return to express wording for apportionment

By Naomi Chesterman

On 14 May 2014, the Court of Appeal overturned the High Court’s decision in the Marks & Spencer (M&S) case. The case specifically deals with the payment of quarterly rent where a break is conditional on payment of rent and that the break date falls within a quarter.

The Court of Appeal’s decision will be a relief to landlords as it reinstates the position that there is no obligation to repay the balance of the quarter’s rent (for the period following the break date). It will, however, be a disappointment to tenants…

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