thank you for the above. the rent clause as drafted appears to largely comply with the principles laid down by the decision in Johnson v Old as regards ***** ***** in advance is in fact a disguised deposit or not.
the only thing that gives me pause is the words at the end of 1.5 "except if a mutual agreement is agreed to a new tenure". in order to avoid advance rent been deemed as a disguised deposit, it must be shown to be used for one specific purpose - namely rent for a specific period. this seems relatively clear up until those final words which suggests that in certain circumstances, the money may not be used rent for that period.
However, this is a relatively nuanced point and I doubt you will be very interested in litigating the point.
accordingly, unless you wish to conduct some speculative litigation in respect of the above to determine whether rent is in the view of the court to disguise deposit or not, I think it is reasonable to conclude that the advance payment you have paid is rent.
As such, following expiry of your break notice, there was we have discussed, if you're notice ends on any date other than the day before rent is payable, there will not necessarily be a right to a refund of any apportioned rent for that period of time, as regards ***** ***** period for which you have already paid in advance, these would be refundable to you and if the landlord refuses to refund them, then you would be entitled to bring a claim in the County Court to recover them.