header-logo header-logo

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

Game over

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

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: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

back-to-top-scroll