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    • look up on land registry who owns the property then get in contact with your local environmental heath dept.   dx  
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    • I was on UC in late March, and recently received some quite non-committal message that the commitments would be returning, but no indication when.     If I remember correctly the expectation was that we could find at least one job per day to which to apply, or some such nonsense.   Given that the government can only guess how many workplaces will be safe :  1) to commute to/from at the time of job application; 2) to work in at the time of job application;    3) to commute to/from at the date of starting a job ; 4) to work in at the date of starting a job,  5) to commute to/from at the date permanent WFH is dropped; 6) to work in at the date permanent WFH is dropped,    and given that we have lost 20% of our economy, I fail to see how they can both reasonably and immediately mandate any minimum figure of jobs we must apply for whilst this virus just killed over 135 people in the UK (stats released today).  That is only down from 155 last week, and about 175 a fortnight back.   At this rate it will be another 7 weeks MINIMUM before the mortality rate is zero - if it ever reaches zero before the inevitable second wave.  
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Hi all new to this forum. Hope I'm in the right place! Currently have a 10 year lease with Enterprise Inns which I need out of the cheapest way possible. I need to know what constitutes a breach on their behalf and whether anybody has had any success proving a breach. Obviously I could effect a breach by buying out/not paying the rent etc. but if I can prove a breach and thus nullify the lease I can claim my bond back..........any thoughts would be very welcome......thanks.:)

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Hello slave to enterprise

 

Welcome to CAG

I too have a Pub but glad to say not with enterprise we are

FOT

Im busy right now but will look in later tonight .

Are you fully tied

Can you assign the lease if so when

How long left on the lease

Does the Pub pay for its keep

 

You have posted in the Legals does that mean enterprise are

taking you to court

 

Cheers for now will be back later

 

Tonks:)

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Hi Tonka, in short I have 3 pubs, 2 with Enterprise and one with S&N The one that concerns me is not covering it's costs and due to a staff shake up I cannot dedicate enough time to build the business without jeopardising the other two pubs. A bit of a pickle I know!! I cannot re-assign for another 11 months.

 

The rent is up to date and we have never been fined for buying out of tie (tied to beer and cider) so we have upheld our side of the lease.

 

Enterprise has not fulfilled the agreed and documented lease support package (which is part of the lease as far as I can tell) and it is this which I would imagine constitutes a breach, thus (I hope!) the lease would become null and void. There is also an issue with my being the DPS of two premises, something which the local police do not look favourably on, obviously if I remove myself as DPS the pub can no longer trade.

 

I may be posting on the wrong forum (:confused: sorry - would be glad to be re-directed) but I would be interested to know anyone's thoughts before I start lining the very expensive pockets of my solicitor!

 

Thanks.

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Previously posted in Legal Issues, on reflection prob better posting here!

 

Hi all new to this forum. Hope I'm in the right place! Currently have a 10 year lease with Enterprise Inns which I need out of the cheapest way possible. I need to know what constitutes a breach on their behalf and whether anybody has had any success proving a breach. Obviously I could effect a breach by buying out/not paying the rent etc. but if I can prove a breach and thus nullify the lease I can claim my bond back..........any thoughts would be very welcome......thanks.:-)

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Whilst a landlord has the right to forfeit a lease for a breach of the tenant's covenants, there is really no corresponding right for the tenant if the landlord is in breach. There is in theory a right to repudiate the contract, but the breach by the landlord has to be something pretty major which he has failed to remedy after repeated requests. Essentially, a tenant's remedy for breach of covenant by the landlord is damages.

 

Simply walking away and not paying the rent is a dangerous game as the landlord is not under any obligation to mitigate his losses and can keep the lease alive and with it the obligation to pay rent.

 

If you cannot find someone to transfer the lease to (assuming you have the right to transfer it) the best you can do is to approach the landlord to enquire if it will accept a surrender.

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It's all on the landlords side. They don't even have to go to court to forfeit a lease. With the climate as it is, they may not be able to find another tenant for years and may not even try that hard so you would still be burdened with it.

 

You should approach them first to see what or if they can assist.

 

Try to find an agreeable tenant yourself and then approach the leasee.

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Hello STE

 

I dont understand what you mean about the support package

could you explain what that entails

Also i think maybe you need to be in the Commercial Lettings Forum

as the people over there are more up to speed but wont be looking in

the Legals .

 

Have you been able to talk to your BDM as if they know you want out

they may be prepared to do a deal as you have another Pub with them

and maybe your bond could be passed over to Pub number one .

 

Have you read your lease can you give a few more details of which part

you think they have not fulfilled.

 

Sorry im not much help as every lease is differant , is it full repairing

do you have any one interested in buying it from you , is it town pub

or foodled .

 

Cant say much more really but nothing is impossible as in this climate

Enterprise are up to their necks so try your luck .

 

Cheers

Tonks:)

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Thread moved to Lettings forum.


 

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Hi Tonks, have posted this over in comm. lettings, and had a very comprehensive reply. Lease support is the structural work they agreed to do in order to bring the pub up to a condition to trade. I have an appointment with my brief tomorrow for some advice and will report back!! Thanks for your help.

 

S.T.E.

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Hi S.T.E

 

Any news

 

Tonks:)

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