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Michael Holly
Michael Holly, Solicitor
Category: Law
Satisfied Customers: 6541
Experience:  I have 20 years of experience as a solicitor in litigation and other areas
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We have a lease on a cafe in a garden centre. The owners work

Customer Question

We have a lease on a cafe in a garden centre. The owners work in the garden centre and are continually harassing us. The main bone on contention is that we open at 9 o'clock and close at 4 pm. We r a very busy cafe employing chefs, waiting staff and kitchen porter. If it goes very quite and we r completely cleared we will close 3.45. We require access at 9.15 on a Sunday for the chefs to prepare for the lunchtime rush, they are now saying unless we stays open until 4.00 everyday they will not allow us entry till 10.00 in the future. This sounds very petty but it is another thing they are doing to make our lives uncomfortable. Wondered if we had any options.
Submitted: 3 years ago.
Category: Law
Expert:  Michael Holly replied 3 years ago.

Does the lease have any stipulation on opening times or say that the owners have the right to determine when you should be open?

 

Yours sincerely

Customer: replied 3 years ago.
The lease just says we can on,y open during garden centre opening hours which when explained to us meant we could not open at night
Expert:  Michael Holly replied 3 years ago.

Dear Val

 

As such the owners cannot dictate when you open or close provided you remain within the terms of the lease.

In most leases there is a clause which states that having granted the lease the owners must give you quiet enjoyment and interfere with what they have granted you.

You need to check that you have such a clause in your lease, most do, and if so they are in breach of it and you can use this to stop them pestering you

Please reply if you need to.

 

Yours sincerely

Michael

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