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

Trident Utilities strengthens team with two appointments Trident New Starters Madeleine And Alex

Trident Utilities strengthens team with two appointments

08 Oct 2026

2

Get face-to-face to avoid the 'Gen Z stare' Karen Tems

Get face-to-face to avoid the 'Gen Z stare'

08 Oct 2026

3

Blackburn with Darwen tops young entrepreneurs table Entrepreneur Young Small Business

Blackburn with Darwen tops young entrepreneurs table

08 Oct 2026

4

Burnham tells Chorley pie shop owner ‘I’m listening’ Paul

Burnham tells Chorley pie shop owner ‘I’m listening’

07 Oct 2026

5

Heritage training for construction lecturers Img 20260907 Wa0001

Heritage training for construction lecturers

07 Oct 2026

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
All In One Network
LBV Website Events GraphicAll In One Network 15 Oct 2026

All In One Network

The Leisure Box, Northlight, Glen Way, Brierfield , BB9 5NH

14:00 - 16:00

Sub36 Awards 2026
Sub36 WW Logo720 16 Oct 2026

Sub36 Awards 2026

Park Hall Hotel & Spa, Chorley, PR7 5LP

18:30 - 00:30

LBV131 November/December Magazine Networking Event
LBV131 Magazine Launch Social720No Text 19 Nov 2026

LBV131 November/December Magazine Networking Event

Lancashire

08:30 - 10:30

Lancashire Business Day 2026
LBD26 WW Logo720 27 Nov 2026

Lancashire Business Day 2026

Burnley Football Club, BB10 4BX

12:00 - 17:00

Help to Grow: Management Course
Help To Grow 25 Sep 2026 - 15 Dec 2026

Help to Grow: Management Course

University of Lancashire, Preston, PR1 2HE

09:30 - 12:00

Clubhouse Business Network sponsored by Orca Finance - October 2026
Club House Padel 08 Oct 2026

Clubhouse Business Network sponsored by Orca Finance - October 2026

Clubhouse, Blackburn, BB1 3NT

14:00 - 16:00

Neurodiversity Awareness and Support Training
09 Oct 2026

Neurodiversity Awareness and Support Training

Neuro Spark Training Solutions, Burnley , BB11 2AS

09:00 - 16:00

The Business Network Central and East Lancashire
LBV Website Events GraphicBusiness Network 2 15 Oct 2026 - 15 Oct 2026

The Business Network Central and East Lancashire

Mytton Fold, Langho, BB6 8AB

11:30 - 14:15

Seriun Cyber Security Conference
Seriun 15 Oct 2026

Seriun Cyber Security Conference

Turf Moor, Burnley, BB10 4BX.

09:00 - 13:30

Preston Tech Connection Coworking Day
PTC Coworking Day long banner Oct.png.png 15 Oct 2026

Preston Tech Connection Coworking Day

Society1, 9-10 Cross Street, Preston, PR1 3LT

09:00 - 17:00

Blackburn Darwen Youth Zone Annual Quiz
BDYZ Quiz 15 Oct 2026

Blackburn Darwen Youth Zone Annual Quiz

Accrington Stanley FC, Accrington, BB5 5BX

17:00 - 13:46

Chamber Business Lunch with Leanne Lucas, Founder of Let’s Be Blunt CIC
Lancaster And Morecambe Logo 1 16 Oct 2026

Chamber Business Lunch with Leanne Lucas, Founder of Let’s Be Blunt CIC

Lancaster Golf Club, Lancaster, LA2 0AJ

11:00 - 14:00

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 LBV130 Online GraphicWebsite
Subscribe now

Weekly news bulletin