Addleshaw Goddard

UK 200 2014 position: 22

Game-changing result for the real-estate sector in the Court of Appeal — 24 February 2014

Landlords have won their appeal, in the case surrounding the Game administration, to claim unpaid rent for a period that a company is in administration and trading from a property as an expense of the administration (as opposed to merely a provable debt), irrespective of when the due date for rent payment occurs.

Two high court decisions (Goldacre and Luminar) had decided that where rent is payable in advance and an administrator/liquidator is appointed:

  • If the relevant quarter payment day fell prior to the appointment, then none of that quarter’s rent could be an expense of the administration/winding-up during that quarter, even if the property was used for the purposes of the administration/winding-up during that period. This left that quarter’s rent to rank as a provable debt alongside other unsecured creditors.
  • If the relevant quarter payment day fell after the appointment, then the whole quarter’s rent could be an expense of the administration/winding-up, even where it was not used for the purposes of the administration/winding-up for the whole quarter…

Click on the link below to read the rest of the Addleshaw Goddard briefing.

Sign in or Register to continue reading this article

Sign in


It's quick, easy and free!

It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.

Register now

Why register to The Lawyer


Industry insight

In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.


Market intelligence

Identify the major players and business opportunities within a particular region through our series of free, special reports.


Email newsletters

Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.

More relevant to you

To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.

Analysis from The Lawyer

View more analysis from The Lawyer


Milton Gate
60 Chiswell Street

Turnover (£m): 171.35
No. of lawyers: 598