Landlord and Tenant Disputes - Refunds of rent paid in advance for a period beyond the termination date
On 7th July 2011, the tenant (M&S) served notice on the landlords (BNP) to terminate their lease. In common with many commercial leases, the lease contained a ‘break clause’ allowing the tenant to terminate. The effect of the notice was to terminate the lease on 24th January 2012. On 19th July 2011, the landlords invoiced the tenant for a sum in respect of insurance for the property. The period of insurance was 1st July 2011 to 30th June 2012 i.e. beyond the termination date. On 2nd August 2011, the tenant paid the landlords the full sum.


