Chester 01244 405555

Grosvenor Court
Foregate Street Chester
Cheshire CH1 1HG
DX: 19990 Chester

Shrewsbury 01743 443 043

Lakeside House
Oxon Business Park
Shrewsbury SY3 5HJ
DX: 148563 Shrewsbury 14

Manchester 0844 800 8346

Pall Mall Court
61-67 King Street
Manchester M2 4PD

Send us a message
Our Offices

Pre-Administration Rents Not Expenses of Administration

30th August, 2012

When a tenant becomes insolvent and the administrator intends to carry on trading from the rented premises, the administrator takes over responsibility for the payment of rent to the landlord from the commencement of the administration.

Typically in such cases, rent arrears have built up and this can lead to arguments over whether payments made by the administrator relate to the ‘post-administration’ period or the ‘pre-administration’ period. The difference is important for landlords, because ‘administration rents’ (i.e. those for which the administrator is responsible) must be paid before other debts.

In a recent case, an administrator and a landlord went to court regarding rent arrears built up by the insolvent tenant. The administrator was appointed just after the normal quarter day rent was due. The landlord argued that the arrears of rent arising before the appointment of the administrator were ‘administration rents’ and therefore stood at the ‘head of the queue’ for payment.

The administrator’s argument was that the arrears were not administration expenses and therefore ranked equally with amounts owing to other creditors of the insolvent company.

The administrator was successful.

“With trading conditions still tough, landlords need to be extremely careful and vigilant over the payment of rents by tenants in difficulties,” comments Giles Williams. “Ongoing review of the payment position is key to minimise potential loss and future dispute.”

Contact Giles Williams on any Commercial Property matters at [email protected]

 

 

 

You might also be interested in...

Experienced HR leader joins Aaron & Partners LLP

15th May, 2018

Experienced HR leader joins Aaron & Partners LLP Law firm with offices in Chester and Shrewsbury appoints Kate Robertson to drive HR strategy for more than 120 staff and to support the company’s growth Chester law firm Aaron & Partners LLP has strengthened its senior leadership team with the appointment of an experienced human resources manager. Kate Robertson... Read More »

When you should NOT pay the bailiff…

24th April, 2018

Jan Chillery, Insolvency Partner at Aaron & Partners LLP, shares her experience and the reasons why we should be cautious before paying so-called “bailiffs” over the phone or online without vetting them first. My neighbour has told me that recently he had a CCJ (County Court Judgment) against him. A day or so later, he received a phone call... Read More »

Employee awarded 15 years back-pay

11th April, 2018

Jan Chillery, Insolvency Partner comments on the recent case of Mr A M Coletta v Bath Hill Court – Bournemouth Property Management Ltd UKEAT 0200 17 RN To read the Transcript of Proceedings in full please click here “This case highlights an important aspect of the Statute of Limitations which affects a wider field than employment claims. An... Read More »

Contact Us