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Marks and Spencer Plc v BNP Paribas Securities service trust company (Jersey) Ltd and another

2 February 2015

David Harris discusses:

  • law on break clauses requiring a tenant to pay all rent due up to the break date
  • if a tenant was entitled to a refund of rent following exercise of a break clause
  • lesson for tenants when negotiating break clauses.


focus on...

Legal updates

TFS Stores Ltd v The Designer Retail Outlet Centres (Mansfield) Ltd and others [2019] EWHC 1363 (Ch)

A rare case on the validity of the process to contract out of the security of tenure provisions contained in sections 24 to 28 of the Landlord and Tenant Act 1954.

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Legal updates

Co-operative Group Food Ltd v A & A Shah Properties Ltd and others [2019] EWHC 941(Ch)

One of the covenants given by a guarantor in a licence to assign was construed as a sub-guarantee and was therefore valid.

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Legal updates

Landlord succeeds in opposing business tenant’s right of renewal by contriving an entirely artificial scheme of works

The judgment in S Franses Ltd v The Cavendish Hotel (London) Ltd [2017] EWHC 1670 (QB) was handed down on 3 July 2017, and it certainly makes for interesting reading.

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Legal updates

Property Managers Association event 2015

For the third year running, we are delighted to host this year’s Property Managers Association training session. Download slides from the event.

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The opinions expressed on this video are provided for the purposes of general interest and information and should not be relied upon. They contain only summaries of aspects of the subject matter at the time of publishing and do not provide comprehensive statements of the law. They do not constitute legal advice and do not provide a substitute for it. So why not talk to us and seek advice that's tailored to you? You can look up one of our experts on this website or call on 0370 270 6000.

David Harris

David Harris

Professional Development Lawyer

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