header-logo header-logo

Game over

11 April 2014 / Siobhan Jones
Issue: 7602 / Categories: Features , Property
printer mail-detail
web_jones_0

Administrators of insolvent tenants are under a duty to pay rent owed to landlords, says Siobhan Jones

On 24 February 2014, the Court of Appeal delivered their unanimous judgment in the long awaited appeal in Pillar Denton Ltd and Ors v Jervis & Ors [2014] EWCA Civ 180 (Game). The decision has clarified the obligations on the part of administrators of insolvent tenants to pay rent to a landlord where tenant companies go into administration.

Insolvent corporate tenants

These issues have been taxing landlords and administrators alike. The principles as to how rent falls to be treated in these circumstances were considered extensively, and settled, in the cases of Goldacre (Offices) Ltd v Nortel Networks UK Ltd [2010] Ch 455 (Goldacre) and Leisure Norwich (II) and others v Luminar Lava Ignite Ltd (in administration) and others [2012] EWHC 951 (Ch) (Luminar).

In short, an administrator was not liable to pay rent (in advance) which fell due prior to the date of administration, even if the administrator subsequently occupied the premises for the purposes of the administration during

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

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn

Partner appointment in firm’s equity capital markets team

NEWS

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

Law school partners with charity to give free assistance to litigants in need

Could the Labour government usher in a new era for digital assets, ask Keith Oliver, head of international, and Amalia Neenan FitzGerald, associate, Peters & Peters, in this week’s NLJ

An extra bit is being added to case citations to show the pecking order of the judges concerned. Former district judge Stephen Gold has the details, in his ‘Civil way’ column in this week’s NLJ

The Labour government’s position on alternative dispute resolution (ADR) is not yet clear

back-to-top-scroll