Rely on the most comprehensive, up-to-date legal content designed and curated by lawyers for lawyers
Work faster and smarter to improve your drafting productivity without increasing risk
Accelerate the creation and use of high quality and trusted legal documents and forms
Streamline how you manage your legal business with proven tools and processes
Manage risk and compliance in your organisation to reduce your risk profile
Stay up to date and informed with insights from our trusted experts, news and information sources
Access the best content in the industry, effortlessly — confident that your news is trustworthy and up to date.
With over 30 practice areas, we have all bases covered. Find out how we can help
Our trusted tax intelligence solutions, highly-regarded exam training and education materials help guide and tutor Tax professionals
Regulatory, business information and analytics solutions that help professionals make better decisions
A leading provider of software platforms for professional services firms
In-depth analysis, commentary and practical information to help you protect your business
LexisNexis Blogs shed light on topics affecting the legal profession and the issues you're facing
Legal professionals trust us to help navigate change. Find out how we help ensure they exceed expectations
Lex Chat is a LexisNexis current affairs podcast sharing insights on topics for the legal profession
Discuss the latest legal developments, ask questions, and share best practice with other LexisPSL subscribers
When will unpaid rent accrued during the administration period have to be paid? Joe Bannister, restructuring partner, and Mathew Ditchburn, real estate disputes partner with Hogan Lovells comment on the ruling in Pillar Denton v Jervis and say it’s agood decision for landlords.
Pillar Denton Ltd and others v Jervis and others  EWCA Civ 180,  All ER (D) 212 (Feb)
The Court of Appeal has returned to the ‘pay for what you use’ principle in its decision in the Game appeal handed down on 24 February 2014. In aleading judgment by Lord Justice Lewison, the Court of Appeal decided that an office holder (be it an administrator or liquidator) must make payments at the rate of the rent for the duration of any period during which he retains possession of the property for the benefit of the administration or liquidation (as the case may be). The rent is to be treated as accruing from day to day and is payable as an expense of the administration or liquidation.
The decision, which overruled both Goldacre (Offices) Ltd v Nortel Networks UK Ltd (in administration)  EWHC 3389,  All ER (D) 54 (Jan) and Leisure (Norwich) II Ltd v Luminar Lava Ignite Ltd (in admin)  EWHC 951 (Ch),  4 All ER 894, applied the salvage principle (an equitable principle) which deems that aliability incurred before liquidation or administration to pay rent under alease relates to the period of use for the purposes of administration as if it were adebt incurred by the administrators or liquidators, and thus is payable as an expense. The inability at common law to apportion rent that is payable in advance accordingly does not apply.
The Game group was yet another
Access this article and thousands of others like it free by subscribing to our blog.
Read full article
Already a subscriber? Login
0330 161 1234