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Marks and Spencer Plc v BNP Paribas Securities Services Trust Company (Jersey) Limited and another – APPEAL DISMISSED

4th December 2015

Further to my eBulletin dated 5 February 2015 the Supreme Court has now dismissed Marks and Spencer plc’s appeal and confirmed that landlords are not required to repay rent paid in advance which relates to the period after a break date unless there is express wording in the lease which requires the same.

Therefore where a break date falls within a quarter, depending on the wording of the lease, a tenant may be required to pay the full quarters rent in advance to validly exercise its break and it will not be entitled to a refund of the rent attributable to the period after the break.

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Rosenblatt is a trading name of RBG Legal Services Limited, a company registered in England and Wales (with company number 13287062) and which is authorised and regulated by the Solicitors Regulation Authority under SRA No. 820215. A list of the directors of RBG Legal Services Limited, together with a list of those persons who are designated as partners of Rosenblatt, is available for inspection at the registered office of the company at 165 Fleet Street, London EC4A 2DY.

Rosenblatt uses the word “partner” to refer to a senior employee or consultant. However, Rosenblatt is not a partnership and the use of the term “partner” does not create or imply a partnership amongst or between any of its employees or consultants.

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