Important court of appeal ruling for administrators

By Napthens

08 Apr 2014

Website

A business recovery expert has commented on a long-awaited decision that has provided final clarification to the position of when rent can be claimed by landlords as an expense of an administration, as opposed to it ranking as an unsecured claim.

Jane Haymes, partner in the business recovery team at Napthens, reports that the Court of Appeal has handed down a decision in a case involving high street retailer Game, which went into administration last year.

The appeal was brought by a group of landlords after it was confirmed at first instance that Game’s administrators were not liable to pay rent falling due prior to their appointment, estimated to be in excess of £3m.

As was common practice, prior to this decision, Game’s administrators had been appointed immediately following the quarter day where rent fell due in order to avoid rent for that period becoming due as an expense of the administration.

Under the old law, whether rent ranked as an expense or an unsecured claim depended largely on the timing of the administrator’s appointment. Previous case law had established that where administrators entered part way through a rent period they were not liable for rent that had become due for that period.

Conversely, where rent became due whilst the administrators were in occupation and the administrators exited part way through that period they were liable for the entire period.

The new principle, arising out of the Game decision known as ‘pay as you trade’, will mean that administrators are liable for rent as an expense of the administration for the period during which they occupy premises.

Jane Haymes of Napthens said: “The decision has introduced a common sense approach to determining when rent is payable as an expense of administration. “The old law was unsatisfactory for administrators and landlords. Administrators should now pay for what they use and I’m sure that both landlords and administrators will welcome this clarity.”

Enjoyed this? Read more from Napthens

Latest news

1

Airframe Designs completes groundbreaking R&D project in polymer additive manufacturing Breakthrough at Airframe Designs

Airframe Designs completes groundbreaking R&D project in polymer additive manufacturing

03 Mar 2025

2

Boost your management skills with workshops UCLan workshops

Boost your management skills with workshops

25 Feb 2025

3

Lancashire Growth Plan to be launched at Convention of the North Cllr Phillippa Williamson With A Convention Branded Minibus

Lancashire Growth Plan to be launched at Convention of the North

25 Feb 2025

4

AMS Neve makes waves in California, demonstrating products to Stevie Wonder Stevie Wonder And His Team Receiving A Demo Of The Genesys G3D Console By Joe Heaton Of AMS Neve In California Press

AMS Neve makes waves in California, demonstrating products to Stevie Wonder

25 Feb 2025

5

Partners at law firm Harrison Drury complete management buyout John Chesworth and Simon England

Partners at law firm Harrison Drury complete management buyout

25 Feb 2025

Background image for hub sign up block

LBV Hub

Leverage Lancashire Business View platforms

Post your news
Post your events
Post your offers
Build your network
Improve your SEO
Gain coverage in the magazine
Sign-up
Events
LBV121 March/April Launch Event
121 Lancashire Business View Magazine Launch
Networking
20 Mar 2025

LBV121 March/April Launch Event

The Whitakers Museum, Rossendale, BB4 6RE

08:30 - 10:30

Skills Bootcamp in Procurement - Cohort 3
Blue-Modern-Land-Travel-Youtube-Thumbnail-2-1024x576.png.png
LBV Hub Awards
14 Jan 2025 - 18 Mar 2025

Skills Bootcamp in Procurement - Cohort 3

Community & Business Partners CIC, Blackburn, BB2 3UA

09:30 - 13:00

CMI Level 5 Management and Leadership Course
UCLanAerialCampus.jpg.jpg
LBV Hub Seminars
21 Feb 2025 - 21 Feb 2026

CMI Level 5 Management and Leadership Course

Preston Campus, Preston , PR1 2HE

09:00 - 17:00

CMI Level 5 Project Management Course
UCLanAerialCampus.jpg.jpg
LBV Hub Seminars
21 Feb 2025 - 21 Feb 2026

CMI Level 5 Project Management Course

Preston Campus, Preston, PR1 2HE

08:00 - 17:00

Post Employee Ownership Trust: What's the story?
LBV image.jpg.jpg
LBV Hub Seminars
04 Mar 2025 - 04 Mar 2025

Post Employee Ownership Trust: What's the story?

Brabners, Preston, PR5 6AW

11:00 - 12:30

Better People Management Workshop
LBV Hub Seminars
05 Mar 2025 - 05 Mar 2025

Better People Management Workshop

Strawberry Fields Digital Hub, Chorley, PR7 1PQ

10:00 - 15:30

North West (Preston) Finance Leaders Networking Event
MHA-BTI Logo_black (002).jpg.jpg
LBV Hub Networking
05 Mar 2025

North West (Preston) Finance Leaders Networking Event

Farington Lodge Hotel, Stanifield Lane Farington, Preston, PR25 4QR

08:00 - 10:00

Better People Management Workshop - March 5
UCLan Better Management Workshop
LBV Hub Seminars
05 Mar 2025

Better People Management Workshop - March 5

Strawberry Fields Digital Hub, Chorley, PR7 1PQ

10:00 - 15:30

Better People Management Workshop
UCLAN event
LBV Hub Seminars
06 Mar 2025 - 06 Mar 2025

Better People Management Workshop

The Oaks Hotel, Colne Road, Burnley, BB10 2LF

10:00 - 15:30

The Employer’s Toolkit: Payroll, Employment Law, and Benefits
Copy of am alert (2).jpg.jpg
LBV Hub Seminars
07 Mar 2025 - 07 Mar 2025

The Employer’s Toolkit: Payroll, Employment Law, and Benefits

Village Hotel Bury, Bury, BL9 7BQ

09:00 - 12:00

Fertility and IVF Support in the workplace
Supporting Women's Health in Your Teams A Path to Success-2.png.png
LBV Hub Webinar
07 Mar 2025 - 07 Mar 2025

Fertility and IVF Support in the workplace

* , Online , *

12:30 - 13:30

March Preston tech Connection: IWD Accelerate Action
PRESTON TECH CONNECTION jan.ai-5.png.png
LBV Hub Networking
13 Mar 2025 - 13 Mar 2025

March Preston tech Connection: IWD Accelerate Action

Society1, Coworking Space, Preston, PR1 3LT

18:00 - 19:30

Advertise with us

Reaching 50,000 members, our print, digital and event platforms offer a fantastic way to raise your business profile and help you grow.

Find out more LBV120 Online Graphic 1
Subscribe now

Weekly news bulletin