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

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: Nikki Bowker, Devonshires

NLJ Career Profile: Nikki Bowker, Devonshires

Nikki Bowker, head of litigation and dispute resolution at Devonshires, on career resilience, diversity in law and channelling Elle Woods when the pressure is on

Ellisons—Sarah Osborne

Ellisons—Sarah Osborne

Leasehold enfranchisement specialist joins residential property team

DWF—Chris Air

DWF—Chris Air

Firm strengthens commercial team in Manchester with partner appointment

NEWS
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts

An engagement ring may symbolise romance, but the courts remain decidedly practical about who keeps it after a split, writes Mark Pawlowski, barrister and professor emeritus of property law at the University of Greenwich, in this week's NLJ

Medical reporting organisation fees have become ‘the final battleground’ in modern costs litigation, says Kris Kilsby, costs lawyer at Peak Costs and council member of the Association of Costs Lawyers, in this week's NLJ
back-to-top-scroll