Source: All England Reporter
Publisher Citation: [2012] All ER (D) 165 (May)
Neutral Citation: [2012] EWHC 951 (Ch)
Court: Chancery Division
Judge:

Judge Pelling QC sitting as a judge of the High Court
Representation Stephen Jourdan QC and Blair Leahy (instructed by Berwin Leighton Paisner) for the claimants.
  Antony Zacaroli QC and Stephen Robins (instructed by Hogan Lovells International LLP) for the defendants.
Judgment Dates: 28 March 2012

Catchwords

Company - Administration - Administrator - Expenses of administration - Landlords renting properties to companies - Companies subsequently going into administration - Landlords seeking declaration from court that rent due prior to companies entering into administration payable as expense of administration - Whether administrators under obligation to pay landlords as expense of administration - Whether declaration to be granted.

The Case

Company Administration. The Chancery Division held that, since rent had been payable by the tenant companies in advance, and had fallen due for payment before the commencement, of the administration, it was not recoverable by the claimant landlords as an administration expense.

Practice Areas

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