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

SpudBros link up with EG On The Move SpudBros opening in Blackburn

SpudBros link up with EG On The Move

17 Dec 2025

2

“This is Lancashire” film showcases the beauty of the county This is Lancashire video

“This is Lancashire” film showcases the beauty of the county

16 Dec 2025

3

Conlon Construction appoints new chairman as Michael Conlon announces retirement Michael Conlon with Guy Parker

Conlon Construction appoints new chairman as Michael Conlon announces retirement

16 Dec 2025

4

International demand surges for fulfilmentcrowd Lee Thompson fulfilmentcrowd

International demand surges for fulfilmentcrowd

15 Dec 2025

5

PM+M reports strong 2025 performance with growth, innovation, and continued community investment Helen Clayton PM+M

PM+M reports strong 2025 performance with growth, innovation, and continued community investment

15 Dec 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
January / February 2026 Magazine networking event
Mag launch event in Blackpool networking
Networking
22 Jan 2026

January / February 2026 Magazine networking event

Porsche Preston, Preston, PR2 1QJ

08:30 - 10:30

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

Women scaling up Blackpool Fylde and Wyre
LBV Hub Seminars
22 Oct 2025 - 09 Jan 2026

Women scaling up Blackpool Fylde and Wyre

The Small Business Academy, Blackpool, FY4 5JX

09:30 - 15:30

RISE - Lancashire's unique leadership programme for women
thumbnail_Emma Weston Illustration WENDY BOWERS RISE Illustrstion.jpg.jpg
LBV Hub Seminars
22 Oct 2025 - 18 Mar 2026

RISE - Lancashire's unique leadership programme for women

East Lancashire Chamber of Commerce, Clayton le Moors, BB5 5JR

09:30 - 15:30

St Catherine's Christmas Tree-Cycling
Tree Cycling.png.png
LBV Hub Fundraisers
25 Nov 2025 - 10 Jan 2026

St Catherine's Christmas Tree-Cycling

Several locations, Preston, PR5 5XU

10:00 - 13:07

Lancashire post Budget analysis finance leaders events
MHA-BTI Logo_black (002).jpg.jpg
LBV Hub Networking
27 Nov 2025 - 27 Dec 2025

Lancashire post Budget analysis finance leaders events

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

08:00 - 10:00

Chamber Business Lunch – December
Logo.jpg.jpg
LBV Hub Social
19 Dec 2025 - 19 Dec 2025

Chamber Business Lunch – December

Morecambe Football Blub, Morecambe, LA4 4TB

11:00 - 14:00

Chamber Breakfast Networking – January
Lancs-cham-logo.jpg.jpg
LBV Hub Networking
08 Jan 2026 - 08 Jan 2026

Chamber Breakfast Networking – January

3-1-5 Health Club, Lancaster, LA1 3PE

08:00 - 10:00

Lancashire County Council – Meet the Buyer - January 2026 Webinar Event
LBV Hub Webinar
13 Jan 2026

Lancashire County Council – Meet the Buyer - January 2026 Webinar Event

10:00 - 12:00

Preston Tech Connection: Tech For Better Humans
PTC January 26 banner.jpg.jpg
LBV Hub Networking
15 Jan 2026 - 15 Jan 2026

Preston Tech Connection: Tech For Better Humans

Society1, Coworking Space, Preston, PR1 3LT

18:00 - 19:30

Lancashire County Council – Meet the Buyer Drop in Event
Meet the Buyer event new
LBV Hub Networking
20 Jan 2026

Lancashire County Council – Meet the Buyer Drop in Event

County Hall, Pitt Street, Preston , PR1 8XJ

10:00 - 15:00

Preston Freelancer Meet-Up: January
January Freelancer Meet-Up Square .png.png
LBV Hub Networking
20 Jan 2026 - 20 Jan 2026

Preston Freelancer Meet-Up: January

Society1, Coworking Space, Preston, PR1 3LT

10:00 - 12:00

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 LBV124 Online Graphic
Subscribe now

Weekly news bulletin