Up until now everyone has worked on the basis that if a tenant serves a break notice part-way through a quarter then the tenant is not entitled to a refund of the rent from the break date until the next quarter date.
The recent case of Marks and Spencer Plc v. BNP Paribas Security Services Trust Company (Jersey) Limited and Another  EWHC 1279 (Ch) the Court held that there was an implied term in the lease entitling the tenant to a repayment of the rent from the break date to the next quarter date.
If you would like any further information about this issue please contact Joanna Osborne by emailing email@example.com.
If you aren’t receiving our legal updates directly to your mailbox, please sign up now
Please note that this blog is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content of this blog.
Edwin Coe LLP is a limited liability partnership registered in England and Wales (No. OC326366) and is authorised and regulated by the Solicitors Regulation Authority. A list of members of the LLP is available for inspection at our registered office: 2 Stone Buildings, Lincoln's Inn, London WC2A 3TH. "Partner" denotes a member of the LLP or an employee or consultant with the equivalent standing. Our privacy notice which we are obliged to give you under the GDPR is available here.