The following Property Disputes Q&A provides comprehensive and up to date legal information covering:
If the full year’s rent paid prior to the break date was paid in accordance with the terms and obligations of the lease, ie the monies fell due prior to the termination of the lease, then this is very unlikely to give rise to an implication that the landlord, in accepting those monies:
recognised any right of occupation of the tenant beyond the break date under a new 1954 Act protected periodic tenancy or
had reached an agreement with the tenant that the notice should be treated as having been withdrawn, in which case, a new (Landlord and Tenant Act 1954 (the 1954 Act) protected) lease on the same terms would impliedly have been granted (see our Practice Notes: Break clauses and notices—exercising breaks and conditions precedent and How do break clauses operate?)
Accordingly, if the break option was validly exercised, the previous lease will have come to an end on the break date, at which point, the operator will no longer occupy under a lease agreement. However, see below in respect of their Electronic Communications Code (the Code) rights.
In terms of whether or not there is a right to pro rata apportionment of the monies paid for the period after the break date, recent case law has found that rent payable in advance is not apportionable once it falls due,
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