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Commercial lease break clauses and advance payments considered by the court - our commercial property lawyers explain

20/01/2016

Most commercial leases state that the annual rent is payable on the usual quarter days, being 25th March, 24th June, 29th September and 25th December. Some commercial leases include a break clause, allowing the tenant to bring the lease to an end early, often with a proviso that all rent must be paid up to this date. In a recent case involving Marks and Spencer (M&S), the question arose as to whether rent should be apportioned when a break clause is implemented part-way through a quarter.

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