The tenant surrendered the lease, but the date of surrender fell between two rent days. He sought credit for the rent due for the remainder of that rent period, arguing that there was an implied term enabling him to recover the rent for the broken period.
Held: In the absence of an explicit incorporation of it in the lease, the 1870 Act did not apply, and the rent payment due at the start of the quarter remained due in full and unapportioned.
Held: The Apportionment Act 1870 did not apply and that any implied term would be inconsistent with the lease.
Judges:
Megaw J
Citations:
[1964] 190 EG 867, (1964) 108 SJ 482
Statutes:
Jurisdiction:
England and Wales
Cited by:
Cited – Marks and Spencer Plc v BNP Paribas Securities Services Trust Company (Jersey) Ltd and Another SC 2-Dec-2015
The Court considered whether, on exercising a break clause in a lease, the tenant was entitled to recover rent paid in advance.
Held: The appeal failed. The Court of Appeal had imposed what was established law. The test for whether a clause . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant
Updated: 13 May 2022; Ref: scu.216649
