The Landlords of units occupied by Game have been given permission by the Court to appeal to the Court of appeal against the principles laid down in Goldacre (Offices) Ltd v Nortel Networks UK Ltd (In Administration) [2009] EWHC 3389 (Ch) [2010] Ch 455 that rent falling due before the commencement of an administration does not fall to be paid as an expense of the administration.

A successful appeal could see the rule in Goldacre extended so that appointments tactically timed to occur after a rent payment date, to allow administrators to trade during a rent period where rent will not have to be paid as an expense, will no longer be an option. Conversely, the Court of Appeal could reconsider the questions of whether rent is an expense at all.

Games Station Limited and others (2013)