Construction & Real Estate

Contact: Clarkslegal (Reading, England)

One of the many pitfalls which can arise when negotiating and exercising break clauses in leases is the condition for the rents to be paid up to date at the break date.

This point has recently been considered in the case of Marks & Spencer Plc v BNP Paribas Securities Services Trust Company (Jersey) Limited and another (2013).  The decision is only a High Court decision, but it was held that the tenant was entitled to a refund of the rent which was overpaid in exactly these circumstances, despite the fact that the lease did not contain an express repayment provision.

Read the full article on the Clarkslegal website.