Rent is payable in arrears unless there is an express agreement that it is payable in advance(see s.2 Apportionment Act 1870 and Marks and Spencer plc v BNP Paribas Securities Services Trust Company (Jersey) Ltd & Anor (Rev 1) [2015] UKSC 72

Where the rent is payable in arrears the landlord is only entitled to rent up until the date the tenancy is determined. Where the rent is payable in advance (as in most agreements), the landlord is entitled to the whole of the rent that was due on the last rent day before termination even though the tenancy has come to an end in the middle of the rent period. [Ellis v Rowbotham 1900 1 Q.B. 740].

Rent is due in the morning of the day appointed for payment, but it is not in arrear ... Please login or signup to continue reading this content