THE GOLDEN BALL, BISHOPHILL YORK
Rob Cooke acted for The Golden Ball, York, which is a community public house run as a cooperative.
Under the terms of their tied Lease Agreement the pub owning business served a Rent Review Notice on the Golden Ball.
The Golden Ball treated the Rent Review Notice as a “trigger point” for Market Rent Only purposes under the Pubs Code.
Upon receipt of the Golden Ball’s MRO “trigger” Notice the pub owning business submitted a Market Rent Only Offer which would have resulted in the pub’s rent increasing by approximately 300% from the existing tied rent. Rob assisted the Golden Ball by applying to the Pub Code Adjudicator for an independent assessment of the Market Rent Only rent. Expert evidence on rental levels was submitted by both parties to the jointly appointed independent assessor who assessed that the MRO rent should be only approximately 50% of the level demanded by the pub owning business.
The pub owning business subsequently appealed in the independent assessment, but in the appeal the Pub Code Adjudicator (save for a very small mathematical adjustment) upheld the independent assessor’s MRO rent determination.
The Golden Ball is now enjoying successfully trading under their new Market Rent Only Lease.