header-logo header-logo

28 January 2010 / Eleanor Morgan , Willie Manners
Issue: 7402 / Categories: Features , Property
printer mail-detail

All or nothing

When should administrators pay the rent? by Willie Manners & Eleanor Morgan

At the end of last year, the High Court handed down its decision in Goldacre (Offices) Limited v Nortel Networks UK Limited (in administration) [2009] EWHC 3389 (Ch), [2010] All ER (D) 54 (Jan). The court had to consider what payment was due in respect of rent where the administrator had used a small part of premises let to a company in administration.

Following Re ABC Coupler and Engineering Co (No 3) [1970] 1WLR 702, it is well established that if an administrator occupies an insolvent company’s premises for the conduct of the administration, this use is for the benefit of the insolvent company’s creditors and any rent falling due after the date of the winding up order will be payable as an expense of the administration during the period of such use.

Rent will, therefore, be paid by the administrator from the assets of the company before paying preferential creditors, creditors with floating charges or unsecured creditors. In practical terms for the landlord, this means that he is likely

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

NEWS
The 25th Pro Bono Week begins today until 6 November, with events hosted by law firms, chambers, law schools and charities across the UK
Pro bono is celebrating a silver anniversary, with initiatives putting businesses and students at the heart of access to justice
Choosing the wrong expert can cost a clinical negligence claimant more than their case
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
back-to-top-scroll