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Rent

This page refers to an article on double rent and deals with two cases. The first concerns the effect of paying rent in advance. The second considers whether a landlord is under a duty to mitigate when there are rent arrears (Reichman v Beveridge).

For appropriation of rent (ie whether the tenant or landlord has the right to appropriate rent to a particular period) see Thomas v Ken Thomas Ltd which is discussed on the Forfeiture page.


Double value/double rent

Article: "Procedures that are worth knowing" by Robert Highmore, Charles Russell LLP and Zia Baloo, Enterprise Chambers - A useful summary of the difference between, and the conditions to be satisfied to enable a landlord to claim, double rent or double value from a tenant who has held over at the end of a lease. (Estates Gazette, 23 June 2007, p 177)


Effect of paying rent in advance

Altonwood Ltd v Crystal Palace F.C. (2000) Ltd [2005] EWHC 292 (Ch)

There is a reminder in this case of the principle that a payment of rent before it is due is not a fulfilment of an obligation to make that payment. If by mistake a payment is made in advance of the due date it will not count towards payment of the rent unless there is agreement to that effect, express or inferred. Lightman at para 34:
    "The third question raised is whether CPFC is likewise entitled to credit for and to deduct any overpayment of Turnover Rent in respect of its liability to make any subsequent payment of Basic Rent. The principle is long established that a payment of rent before it is due is not a fulfilment of an obligation to make that payment. There may however be an agreement (and the payment in appropriate circumstances may evidence an agreement) between the landlord and tenant that on the day that the rent becomes due the payment shall be treated as a fulfilment of the obligation to pay the rent, and in such a case on the day that the rent becomes due the landlord is bound to treat payment in this w ... THIS IS AN EXTRACT OF THE FULL TEXT. TO GET THE FULL TEXT, SEE BELOW

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