Break Clauses – Paying Rent In Advance: No Change Given

Most commercial leases reserve an annual rent and express it to be payable in advance by equal quarterly payments on the usual quarter days. The quarter days are 25^th March (Lady Day), 24^th June (Midsummer's Day), 29^th September (Michaelmas Day) and 25^th December (no prizes).

It is also a common condition of a break clause in commercial leases, which permits the tenant to serve notice during the term to bring the lease to an early end, that all rent has to be paid up to and including the break date. If this date is during a quarter does the tenant have to pay a full quarter's rent upfront on the quarter day preceding the break date or can he a pay an amount apportioned to the break date? After all, he will not be in occupation after the break date and if the landlord keeps the overpayment he will be getting a windfall.