Q&As

Is it possible for a lease to provide for the rent to become payable before the date of the lease and the start of the contractual term?

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Produced in partnership with Christopher Snell of New Square Chambers
Published on: 16 March 2018
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A lease is, as will be well-known, the grant of a right to the exclusive possession of land for a determinable period of time. This period is most commonly referred to as the ‘term’.

The contractual term is usually defined as a term of years beginning on and including the date of the lease and ending on, and including a specified date.

The contractual term of a lease cannot begin until the lease is executed. However, the lease may express the term to be calculated from a date that precedes the execution date. If the term is stated as beginning before the lease is granted, it is a matter of construction whether the tenant’s obligations extend to the pre-grant period.

Rent payable before the date of the

Christopher Snell
Christopher Snell

New Square Chambers

Advice and representation in all areas of commercial and chancery litigation.

Instructed on behalf of both retail and investment banks [including BNY Mellon; HSBC; Royal Bank of Scotland] in relation to a variety of commercial issues.

Retained in relation to a wide range of international disputes; including disputes in the Bahamas; Isle of Man; BVI and Kuwait.

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