Further to my eBulletin dated 5 February 2015 the Supreme Court has now dismissed Marks and Spencer plc’s appeal and confirmed that landlords are not required to repay rent paid in advance which relates to the period after a break date unless there is express wording in the lease which requires the same.
Therefore where a break date falls within a quarter, depending on the wording of the lease, a tenant may be required to pay the full quarters rent in advance to validly exercise its break and it will not be entitled to a refund of the rent attributable to the period after the break.
