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Archive for August, 2014

Tenants Beware - Break Clause Date and Rent Refunds

Posted by on August 29th 2014 in Blog Posts, Property

In the recent case of Marks and Spencer plc v BNP Paribas Securities Services Trust Company (Jersey) Limited and another [2014] EWHC 1279 (Ch) the Court of Appeal considered whether a tenant who has exercised a break right should be refunded rent and other payments relating to the period after the break date.

Generally for a break notice to be effective, a tenant will have to ensure that the rent and other payments (eg. insurance rent, service charge, interest etc) are paid up-to-date in accordance with the terms of the lease. This may well include paying the rent and...

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