The tenant (Marks and Spencer) had the benefit of a break option within the lease which they exercised, it included paying a break premium to the landlord (BNP) equivalent to one year’s rent. The break clause was also conditional on there being no rent arrears so the tenant paid a full quarter’s rent, part of which related to the period after the break date. After the lease was terminated the tenant sought to recover the “overpayment.” There was no express right to a rent refund stated within the lease. It was held

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