You are here

Commercial property: 
The onus is on solicitors

Recent decisions on the overpayment of rent and property search results, as well as changes in Land Registry practice, highlight the importance of the property practitioner’s role, write Anthony Goodmaker, Emilie Hobday, and Miri Stickland

12 January 2016

In December 2015 the Supreme Court handed down its highly anticipated judgment in Marks and Spencer plc v ?BNP Paribas Securities Services Trust Company (Jersey) Limited and another [2015] UKSC 72. ?The case saw the court unanimously confirm that rent payable and paid in advance is not apportionable, so, unless there is an express provision in the lease to that effect, tenants are not entitled to a refund of amounts overpaid on lease termination.

M&S was a tenant under a lease for a term expiring on 2 February 2018, with the rents payable in advance on the usual quarter days. M&S exercised its option to break the lease as at 24 January 2012, having paid the December quarter’s rents in full. Initially, in the High Court, M&S was successful in obtaining a refund of the rents – the annual rent, insurance rent, and car-parking licence fees (a dispute over the service charge having been disposed of between the parties) – paid for the period aft...

Want to read on?

This article is part of our subscription-based access. Please pick one of the options below to continue.

Already registered? Login to access premium content

SUBSCRIBE for one User

Unlimited access to the entire SJ website for a full year for one user.

  • 10 issues a year delivered to you
  • Digital edition of the magazine for one user – sent to your inbox or accessible through the website
  • Access to premium content on the website
  • Access to the fully searchable online archive of Solicitors Journal, Managing Partner and Private Client Adviser, which spans over 13 years
  • Weekly email newsletter with all the latest news, analysis and features
  • Comment on SJ content and contribute to the SJ community online
  • Advanced search feature
  • Online support
  • Access to SJ app compatible with Android and Apple devices – coming soon!
  • 6 special focuses per year
  • Special offers and discounts on Solicitors Journal and IICJ events

Subscribe

CORPORATE SUBSCRIPTION

Your department or entire firm can subscribe to Solicitors Journal online, providing easy access for all who require it. Discount corporate subscription rates apply, based on number of users.

The Corporate IP Licence includes:

  • Digital copy of the magazine sent to individuals’ inboxes and accessible through the website. Solicitors Journal publishes 10 issues per year
  • Unlimited access to premium content on the website based on IP addresses
  • Unlimited access to the fully searchable online archive of Solicitors Journal, Managing Partner and Private Client Adviser, which spans over 13 years
  • Weekly email newsletter with all the latest news, analysis and features
  • Comment on SJ content and contribute to the SJ community online (username required)
  • Unlimited access to SJ app compatible with Android and Apple devices
  • 6 special focuses per year
  • Special offers and discounts on Solicitors Journal and IICJ events

The Corporate IP Licence is tailored to your firm, making it the most cost effective way for the firm to access Solicitors Journal, and enables the firm to remain compliant with copyright and our Terms and Conditions. This gives you the ability to print and circulate articles within the firm.

To enquire about a Corporate IP Licence for your firm, please contact our Subscriptions Manager on emily.beechey@solicitorsjournal.com.