Continue reading "Apportionment And Breaks: Breaking up is hard to do"
Apportionment And Breaks: Breaking up is hard to do
Daniel Cuthbert discusses the vexed issue of apportionment of rent following the exercise of a break clause It may be possible to argue that a term should be implied, that rent is paid for the period of occupation only and that any overpayment caused by early termination ought to be repaid. Recent case law suggests …
Cases Referenced
Cases in bold have further reading - click to view related articles.
- Avocet Industrial Estates LLP v Merol Ltd [2011] EWHC 3422 (Ch)
- Canonical UK Ltd v TST Millbank LLC [2012] EWHC 3710 (Ch)
- Ellis v Rowbotham [1900] 1 QB 740
- Ocelota Ltd v Water Administration Ministerial Corporation [2000] NSWSC 370
- PCE Investors Ltd v Cancer Research UK [2012] EWHC 884 (Ch)
- Quirkco Investments Ltd v Aspray Transport Ltd [2011] EWHC 3060 (Ch)