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11 December 2015
Issue: 7680 / Categories: Case law , Law digest , In Court
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Landlord & tenant

Marks and Spencer plc v BNP Paribas Securities Services Trust Company (Jersey) Ltd and another [2015] UKSC 72, [2015] All ER (D) 24 (Dec)

The Supreme Court dismissed Marks and Spencer’s appeal in which it had sought to recover an apportionment of rent paid quarterly in advance, in circumstances where it had exercised a break clause that had led to determination of the lease during that quarter. Save in a very clear case, it would be wrong to attribute to a landlord and a tenant, particularly when they had entered into a full and professionally drafted lease, an intention that the tenant should receive an apportioned part of the rent payable and paid in advance, when the non-apportionability of such rent had been so long and clearly established. Therefore, the court refused to imply a term allowing Marks and Spencer to recover the sums paid.

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