Payment before the day is voluntary and a payment of a sum in gross, and no satisfaction at law of the rent. [Clun’s Case (1613) 10 Co.Rep. 127b; Cromwell v Andrews (1583) cro.Eliz. 15.] Thus the landlord was entitled at law for forfeit for non-payment of rent on the rent day, even though the rent had been paid before that day. [Cromwell v Andrews, ante.] However, a payment in advance of the rent day provides a good equitable defence to any action for the rent
... Please login or signup to continue reading this contentPayment of rent in advance is not payment of rent
by guildy | 23 Sep 2009 | Guidance, Preventing Controlling and Recovering Rent Arrears (England), Preventing Controlling and Recovering Rent Arrears (Wales)
