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


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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