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    What landlords should do when corporate tenants enter into administration
    2014-09-18

    Phones 4u went into administration on 15 September 2014 following a decision by EE not to renew its contract. At the time of writing, all 560 stores and 160 concessions have been closed, pending a decision by the firm’s administrator whether to continue trading or break the company up in deals with, amongst others, EE and Vodafone.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Real Estate, Squire Patton Boggs
    Authors:
    Alison Hardy , Catherine Gritt
    Location:
    United Kingdom
    Firm:
    Squire Patton Boggs
    Landlord liable for business rates following lease disclaimer
    2014-08-14

    It has been understood since the Hindcastle case in 1997 that a guarantor’s payment obligations under a lease survive disclaimer by an insolvent tenant’s liquidator.  What has been less clear is how that works, given that the tenant’s obligation to pay rent dies when the lease is disclaimed.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Real Estate, Hogan Lovells, Landlord
    Authors:
    Tim Reid
    Location:
    United Kingdom
    Firm:
    Hogan Lovells
    Disclaimer and rates liability
    2014-07-17

    Schroder Exempt Property Unit Trust and another v. Birmingham City Council [2014] EWHC 2207

    Summary

    A landlord is liable for business rates where a tenant's lease is disclaimed, even if the landlord does not take possession of the property following a disclaimer.

    Background

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Real Estate, Dentons, Landlord, Leasehold estate
    Authors:
    Bryan Johnston
    Location:
    United Kingdom
    Firm:
    Dentons
    How landlords and insolvency practitioners can help each other
    2014-06-20

    Most Landlords, and Insolvency Practitioners (“IP”s), will be well aware of the issues and liabilities that can arise where a tenant (whether it be a company or individual, residential or commercial) experiences financial difficulties. Competing interests can lead to difficulties for all parties and, potentially, legal disputes.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Real Estate, BDB Pitmans LLP, Landlord
    Authors:
    David Williams
    Location:
    United Kingdom
    Firm:
    BDB Pitmans LLP
    The game changer – High Court judgment on rent payments upon administration
    2014-07-02

    Overturning two significant recent decisions, the Court of Appeal has held that whenever a rent payment day falls, from the moment a company in administration beneficially retains property, it will ordinarily be liable to pay rent as an expense for the period of that beneficial retention.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Real Estate, DLA Piper
    Authors:
    Michael Fiddy
    Location:
    United Kingdom
    Firm:
    DLA Piper
    You can't have the penny and the bun...but landlords will get their daily bread
    2014-05-27

    Prayers are answered in the Gamestation verdict, reports Richard Palmer, as the liability of administrators of insolvent companies to pay rent has been clarified.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Real Estate, Hill Dickinson, Landlord
    Authors:
    Richard Palmer
    Location:
    United Kingdom
    Firm:
    Hill Dickinson
    Landlords allowed to recover rent from administrators
    2014-05-29

    But is it GAME over?

    Pillar Denton Ltd and Others v Jervis and Others [2014] EWCA Civ 180

    Summary – What happened?

    A group of the UK's largest landlords have successfully overturned previous High Court decisions that had allowed insolvent tenants to continue trading from their premises without paying rent. The landlords in this case, which involved the retailer GAME, have been allowed to recover £3,000,000 in outstanding rents from the period of the tenant's administration.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Real Estate, Taylor Wessing, Landlord, Leasehold estate, Ex parte
    Authors:
    Saleem Fazal , Jill Carey
    Location:
    United Kingdom
    Firm:
    Taylor Wessing
    A victory for landlords
    2014-05-27

    In a landmark decision Pillar Denton Ltd and Others v Jervis and Others [2014] EWCA Civ 180, a group of the UK's largest landlords have successfully overturned previous High Court cases that had allowed insolvent tenants to continue trading from their premises without paying rent. The landlords in this case, which involved the retailer GAME, have been allowed to recover £3,000,000 in outstanding rents from the period of the tenant's administration.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Real Estate, Taylor Wessing, Landlord
    Authors:
    Jill Carey
    Location:
    United Kingdom
    Firm:
    Taylor Wessing
    Re Game Station; Pillar Denton v Jervis
    2014-05-21

    24 February 2014
    [2014] EWCA Civ 180
    Court of Appeal (Patten, Lewison and Sharp LJJ)

    The fact that rent payable in advance had fallen due prior to the tenant company entering administration did not prevent that that rent being payable an expense of the liquidation of the tenant company under the salvage/Lundy Granite principle.  The amount of rent so payable was a question of fact.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Real Estate, XXIV Old Buildings, Landlord, Liquidation, Common law
    Location:
    United Kingdom
    Firm:
    XXIV Old Buildings
    Fair game – administration rents and creditors' returns
    2014-04-22

    In recent years some high profile (and controversial) court decisions have swelled the list of liabilities that must be paid as expenses of an administration. Administration expenses enjoy "super priority", being payable out of floating charge realisations ahead of the claims of preferential creditors and floating charge holders. So, when an otherwise unsecured claim ranks as an administration expense, it clearly benefits the relevant creditor, but at the expense of the floating charge holder.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Real Estate, Dentons, Unsecured creditor
    Authors:
    Laura Gowing
    Location:
    United Kingdom
    Firm:
    Dentons

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