Rent Refund Case to Go to Appeal

January 24, 2014

Rent Refund Case to Go to Appeal

A recent decision in which the court ruled that a landlord was obliged to repay to its tenant rent paid in advance for a period after the break date on the lease will go to appeal.

The case arose because the break date fell during a period for which rent had already been paid, the rent payments being made in advance on the usual quarter dates. Until this decision, the usual view was that the rent prepaid by the tenant was not required to be refunded by the landlord, unless the lease specifically provided otherwise.

The appeal is due to be heard in March 2014.