No – 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].
Rents paid in advance are not subject to apportionment (Apportionment Act 1870).
However, a tenant under an assured shorthold tenancy of a Dwelling-house in England is entitled to a repayment of rent from the landlord where—
- as a result of the service of a notice under Section 21 the tenancy is brought to an end before the end of a period of the tenancy,
- the tenant has paid rent in advance for that period, and
- the tenant was not in occupation of the Dwelling-house for one or more whole days of that period.
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