The Swan - Case Study

THE SWAN, 16 BISHOPGATE STREET,  YORK

Rob Cooke acted for Paul Crossman, the Leaseholder of The Swan, York.

Paul’s tied tenancy with the pub owning business was up for renewal.  In prior discussions with the pub owning business, Paul had already made it clear that he intended to seek a renewal Lease and treat the renewal as a “trigger” point under the Market Rent Only legislation and request a Pub Code Market Rent Only Lease.

The pub owning business sought to avoid this by serving a prior Section 25 Notice under the Landlord and Tenant Act 1954 opposing the Lease renewal on the grounds that they intended to run the pub themselves with a manager.

Paul was left with the choice of being evicted from the pub and losing his substantial good will and financial investment or challenging, through legal grounds, the pub owning business’ Section 25 Notice, which opposed Lease renewal.

Rob was able to successfully raise a challenge to the Notice served by the pub owning business which persuaded the pub owning business to enter into negotiations for a commercial Market Rent Only Lease.

Paul is now enjoying the benefits of his free of tie Lease.

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