A company ran a number of public house and restaurants, 31 of which were on a tied tenancy agreement with a single landlord. The landlord decided to terminate 13 of these agreements and decided to give an ex gratia payment of £81,651. No notice apart from the termination notice was required in the agreement, which did also not provide for any compensation. As it was a voluntary payment, to decide the nature of the payment needs to be looked at and not just the payers intention. This was therefore not a trading receipt.