Addleshaw Goddard

UK 200 2013 position: 23

Term allowing repayment of rent for a period post a break date not to be implied into a lease

The Court of Appeal in M&S v BNP Paribas has closed the door to tenants that have successfully operated break clauses and wish to claim back rent paid for a period post the break date.

Landlords around the country will be breathing an audible sigh of relief, as this decision confirms that the law remains as it was always understood to be: that without express wording to the contrary in the lease, a post-break claim for the apportioned rent for the remainder of the quarter will be unlikely to be successful…

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