In Marks and Spencer plc v BNP Paribas Services Trust Company, the Supreme Court has this morning confirmed that a landlord is not required to repay sums paid by a tenant relating to a period after a break date unless the lease makes specific provision for this.
Commenting on the judgment, Head of Property Litigation at Mishcon de Reya Daniel Levy said:
"The Judicial wind is blowing in favour of contractual certainty. Although viewed by some tenants as commercially harsh, it confirms the importance of writing exactly what you want to happen in the contract.
Courts will be slow to imply terms. Practically speaking we may just see more break dates coinciding with the quarter day."