212Rents etc. apportionable in respect of time

212 Rents etc. apportionable in respect of time (1) All rents, annuities, dividends, and other periodical payments in the nature of income, whether reserved or made payable under an instrument in writing or otherwise, are to be taken to be accruing from day to day like interest on money lent and to be apportionable in respect of time accordingly. (2) The apportioned part of rent, an annuity, or other payment referred to in subsection (1) is payable or recoverable: (a) in the case of a continuing rent, annuity, or any other payment – when the entire portion of which the apportioned part forms part becomes due and payable; or (b) in the case of rent or an annuity or other payment determined by re-entry, death or otherwise – when the next entire portion of which the apportioned part forms part would have been payable if the rent, annuity or payment had not determined, and not before. (3) A person and his or her executor, administrator and assigns, and also the executor, administrator and assigns of a person whose interests determined with his or her death, has or have the same remedies at law and in equity for recovering the apportioned parts when payable (taking into account the proportionate parts of all just allowances and deductions) as they would respectively have had for recovering the entire portions if entitled to them. (4) Notwithstanding subsection (3), if a person is liable to pay rent reserved out of or charged on land, the person and the land are not Law of Property Act 2000 132 to be resorted to for an apportioned part forming part of an entire or continuing rent, but the entire or continuing rent (including the apportioned part) is to be recovered and received by the person who, if the rent had not been apportionable under this section or otherwise, would have been entitled to the entire or continuing rent, and the apportioned part is recoverable from that person by proceedings by an executor, administrator or other party entitled to it under this section.