Opposed pub lease renewals – a good year for our clients
Over the past year or so the trend has been for our pub landlord clients to achieve increasingly successful results in dealing with opposed lease renewals by pub company landlords under the Landlord & Tenant Act 1954 (“the 1954 Act”). The majority of these have been by agreement with the landlord after we have issued and vigorously pursued legal proceedings. Whilst each individual case is different, and we cannot name the parties, here are some examples:
- The pubco denied our client had a protected tenancy under the Act. After extensive negotiation and without issuing proceedings the pubco agreed to grant our client a new lease on favourable terms.
- Whilst initially defending a claim brought by our client for renewal alleging dilapidations and s.30(1)(g) grounds of intending to occupy the pubco settled the claim and granted a new 1954 Act-protected lease.
- Our client was unsuccessful at trial on s.30(1)g grounds but sought to appeal and to the intense discomfort of the pubco was granted permission by a High Court judge. After negotiation initiated by the pubco, the client obtained an attractive settlement on confidential terms.
- Our client’s lease renewal application was opposed by the pubco on s.30(1)g and dilapidation grounds. A settlement was negotiated in which the client obtained a new tenancy, outside the 1954 Act, but on favourable financial terms including writing off of almost six figure arrears.In every case in which we have initiated proceedings on the part of our client we have obtained extensions of occupation of at least 12 months by effective use of procedural steps.
We have many more cases outstanding and anticipate similar settlements or successful outcomes as pubcos seem to be finding that taking back of pubs into management is becoming less attractive. There are deals to be done provided tenants are patient and determined in their approach.
We work very closely with Chris Wright at the Pubs Advisory Service and Cerulean is happy to provide initial advice by telephone or Zoom to any member of PAS in order to see whether their claim is worth pursuing and what outcome is most desirable. We offer fixed and very favourable rates to PAS members.
Our website is http://ceruleanlaw.co.uk and Charlie Wayling, our commercial director can be contacted on 020 3286 8968.
IF YOU HAVE BEEN SERVED WITH A s.25 NOTICE DO NOT DELAY BUT CONTACT US IMMEDIATELY AS TIME IS OF THE ESSENCE.
The Pubs Advisory Service works in conjunction with many businesses to increase their profitability and to help them resolve disputes. If you would like help with your pub business, then please contact us by clicking HERE.
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