Addleshaw Goddard

UK 200 2013 position: 23

Tenant succeeds in claiming rent repayment post break date

A recent High Court decision (M&S v BNP Paribas) opened the door for tenants that have successfully operated break clauses to claim back rent paid for a period post the break date.

There have been a string of cases recently, including PCE Investors Ltd v Cancer Research UK, where the courts have confirmed that on operation of a conditional break clause, with no wording to the contrary in the lease, a tenant which pays rent quarterly in advance needs to pay the full quarter’s rent in advance of the break date…

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