Commercial lease – option to break – conditions precedent – apportionment of rent prior to termination

Marks and Spencer Plc v BNP Paribas Securities Trust Company (Jersey) Ltd and another [2014] EWCA Civ 603

News Item

In our June/July 2014 issue Commercial Leases Vol 28 Issue 5 at p2070 we highlighted the Court of Appeal Decision in this which held rent paid on the quarter day prior to the break date in the full amount for the quarter, was not subject to apportionment when it became certain the break was effective and the court held that the tenant was not entitled to a rebate by way of an apportionment from the day after the break date to the last day of the subject quarter.