Tenant refunds under break clauses?

In a recent case the court implied into a break clause a term which entitled the tenant to a refund.

Hitherto the balance of opinion was that a tenant was not entitled to a refund unless it was covered by an express term.

This makes no difference to the legal position that the tenant must pay the lease payments in full on each payment date preceding or on the break date and apply for a refund of the unused portion after that date.

Leave a Reply