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

Cripps—Radius Law

Cripps—Radius Law

Commercial and technology practice boosted by team hire

Switalskis—Grimsby

Switalskis—Grimsby

Firm expands with new Grimsby office to serve North East Lincolnshire

Slater Heelis—Will Newman & Lucy Spilsbury

Slater Heelis—Will Newman & Lucy Spilsbury

Property team boosted by two solicitor appointments

NEWS
The Supreme Court has delivered a decisive ruling on termination under the JCT Design & Build form. Writing in NLJ this week, Andrew Singer KC and Jonathan Ward, of Kings Chambers, analyse Providence Building Services v Hexagon Housing Association [2026] UKSC 1, which restores the first-instance decision and curbs contractors’ termination rights for repeated late payment
Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
The AI revolution is no longer a distant murmur—it’s at the client’s desk. Writing in NLJ this week, Peter Ambrose, CEO of The Partnership and Legalito, warns that the ‘AI chickens’ have ‘come home to roost’, transforming not just legal practice but the lawyer–client relationship itself
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
back-to-top-scroll