1. The tenancy agreement stipulates that rent shall be payable in advance on the 1st day of each month. The tenancy will terminate on 15th January. Does the tenant need to pay monthly rent in full on 1st January? If so, does the landlord need to refund the rent for the period 16th to 31st January to the tenant later?
Unless there is express agreement to the contrary, the apportionment mechanism under the Apportionment Ordinance (Cap. 18) does not apply to rent payable in advance, as in this example. The tenant is still obliged to pay the monthly rent in full on 1st January and it is not a legal requirement for the landlord need to refund the rent for the period 16th and 31st January.
For a tenancy agreement with a break clause which allows for early termination, the entitlement to early terminate the tenancy does not in principle affect the obligation to pay rent of the tenant. In such a case, it would be more desirable to serve notice to quit on the pay day of the monthly rent.
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