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Keeping It Real Estate News and Trends in UK Real Estate, Disputes and Planning Law

Tag Archives: break option

Posted in Real Estate News

Breaking news: M&S loses break clause appeal

Tenants cannot recover any rent paid in advance when they exercise a break clause. This was the conclusion of the Supreme Court today in the final chapter of the long running Marks and Spencer break clause case. You may recall from our blog in May 2014 (No refund in M&S break case) that the Court

Posted in Real Estate News

No refund in M&S break case

The Court of Appeal refused to imply a term into a lease that would enable a tenant to a refund of rent paid in advance and which related to a period after the break date.  This was despite the fact that the tenant had paid a break premium equivalent to approximately one year’s rent. Marks

Posted in Case Updates

Breaking up is hard to do – Operation of conditional break clause ineffective without actual payment of break penalty

Canonical UK Ltd v TST Millbank LLC [2012] EWHC 3710 Canonical was TST’s tenant under a lease. The lease contained a break option entitling Canonical to terminate the lease on six months’ notice provided the rent was paid up to and including the break date, there was no breach of covenant, and Canonical paid one