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ned

Posted by: NED
09/01/08 at 2:42 pm

my husband and i have rented a public house from a large pub chain for the last 7 years and the tenancy agreement states that we are liable for fixtures and fittings and the brewery are liable for all other repairs, our pub is in dire need of repair but nothing is ever done, we have just been taken over by another pub chain and they say that the cost of repair is too much. we tried stopping the rent, so they stopped the beer deliveries so now we pay have to pay the rent to receive the beer, it seems like we are in a catch 22 situation.

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Re: ned

Posted by: CareMan
11/02/08 at 2:09 pm

Hi Ned,

Not of legal mind but know landlords in the same situation.

As I see it, the service delivery (Beer) and Tenancy (Rent) are two seperate issues.

Is there  a 'specific' clause in the contract referring to the landlord as being responsible for the upkeep of the establishment? If so, there is your fist point.  Regadless of who now owns the brewery, your contract should have remaind 'as is'

Hiow about suggesting to the new owners that you use the rent to do the work and give you a rent free period?

Now the beer issues..

You pay a fee for the beer seperately based unit price. The brewery would be cutting their noses off to spite their face? Are you tied to them for the supply of this product or can you go elsewhere? See where I'm going ;-)

Now, the new landlords I guess were not aware of the problems so why not give them a chance to act reasonably?  Formely write to them asking them to meet with you to discuss the issues and set an agenda before hand so they can have time in considering your proposals.

I would rasie the spectre of 'Health & Safety' to them! That soon focuses the mind!

Is there an 'exit' clause in the contract? Basically, if either partly reasonably failed in their 'duty of care' you can get out without any penalties.

Frankly, this is what I would do as many breweries are screaming out for landlords and are offering great incentives and it seems, your position is becoming 'untenable' (forgive the pun).

HTH

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