Has the tenant yet defaulted on payment of rent?

The lease often provides in detail for the date of payment. If no dates are specified it will be payable at the end of each year for fixed-term leases and at the end of each period for periodic leases, i.e. if it is a monthly tenancy, the rent is due at the end of the month unless specified. Rent is payable at midnight of the day upon which it is due, thereafter it will be in arrear.

If rent is paid in full before the due date, it is deemed to have been paid by agreement that on the due date, the tenant's obligation to pay the rent will have been fulfilled (De Nicholls v Saunders (1970) LR5 CP589).

Where a lease is granted for a term expressed in the lease to commence on a date prior to the lease's execution, the term does not commence until the date the lease is actually executed – Roberts v Church Commissioners for England [1972] 1 QB 278, however, rent may still be payable before the date of execution if the parties have specifically created such an obligation to be fulfilled before that date: Bradshaw v Pawley [1980] 1 WLR 10.

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