*Marks and Spencer plc v BNP Paribas Securities Services Trust Company (Jersey) Ltd and another

Landlord and tenant – Rent. The Supreme Court dismissed Marks and Spencer's appeal in which it had sought to recover an apportionment of rent paid quarterly in advance, in circumstances where it had exercised a break clause that had led to determination of the lease during that quarter. Save in a very clear case, it would be wrong to attribute to a landlord and a tenant, particularly when they had entered into a full and professionally drafted lease, an intention that the tenant should receive an apportioned part of the rent payable and paid in advance, when the non-apportionability of such rent had been so long and clearly established. Therefore, the court refused to imply a term allowing Marks and Spencer to recover the sums paid.

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