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 [2013] 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 joanna.osborne@edwincoe.com.

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