Rent falling due pre-administration is not payable as an expense: permission to appeal granted

The High Court has this week granted a consortium of landlords permission to appeal against previous decisions that rent falling due pre-administration is not payable as an expense of the administration.

Game Group went into administration immediately after the March 2012 quarter day. The administrators did not pay the March 2012 quarter’s rent, relying on Goldacreand Luminar.

This has now been challenged by a consortium of landlords. At the Game Group hearing, the parties agreed that the Goldacre decision would have to be followed by the judge and that the matter should therefore go straight to the Court of Appeal. The judge agreed…

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