Commercial lease – break clause – apportionment of rent following termination

Readers will recall that in our June/July edition, Commercial Leases Volume 27 Issue 5 at p1949 we highlighted the case of Marks and Spencer plc v BNP Paribas Securities Services Trust Co (Jersey) Ltd [2013] EWHC 1279 (Ch). In this case the tenant (M&S) exercised an option to break the lease on 24 January 2012. The full quarter’s rent due on 25 December 2011 was paid to ensure that M&S was not in arrears of rent as at the break date. Post break M&S sought to apportion the rent over the quarter and claimed repayment of that portion for the period 25 January to 24 March 2012. The claimed was upheld by Morgan J.