8 July 2014

Commercial property update

Magnus Hassett and Nikolas Ireland discuss Land Registry practice, leases, M&S's failed appeal, insuring trees and the new capital allowance rules.

First published in Solicitors Journal, 8 July 2014.

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27 May 2014

Marks & Spencer PLC-v- BNP Paribas (14/05/2014) - rent apportionment on breaking a Lease during a quarter.

The Message: It is difficult to imply a term into a lease and parties need to spell out the position clearly regarding re-imbursements payments for rent, service charge, sinking fund, and insurance when a Lease can be ended early.

The Case: The Court of Appeal has decided that quarterly rent payable in advance is not normally apportionable if the lease is broken during the quarter.

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