In a recent case the Court of Appeal considered whether the tenant that exercised a break clause in a lease should be refunded rent for the period after the break date.<\/p>\n
In Marks and Spencer plc v BNP Paribas Securities Services Trust Company (Jersey) Ltd and another the tenant had exercised a break clause and claimed a refund of rent it had paid in advance, which related to a period after the break date.\u00a0 The Court of Appeal ruled that it was not appropriate to imply a term into the lease that entitled the tenant to a refund of the rent it had paid in advance in accordance with the express terms of the lease.<\/p>\n
Lady Justice Arden ruled hat the parties could easily have incorporated wording in the lease that required the landlord to repay any rent which related to the period after the lease came to an end.<\/p>\n
This case highlights the importance of tenants instructing experienced lawyers to negotiate and advise on lease terms.\u00a0 For more information on break clauses and negotiating leases please contact Max Marrison, Head of Commercial Property.<\/p>\n","protected":false},"excerpt":{"rendered":"
In a recent case the Court of Appeal considered whether the tenant that exercised a break clause in a lease should be refunded rent for the period after the break date. In Marks and Spencer plc v BNP Paribas Securities Services Trust Company (Jersey) Ltd and another the tenant had […]<\/p>\n","protected":false},"author":1,"featured_media":901,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1491],"tags":[1555,265,561,1765],"class_list":["post-3967","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-commercial-property-2","tag-break-clauses-2","tag-case-studies","tag-commercial-property","tag-landlord-tenant"],"yoast_head":"\n