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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3843
Experience:  Solicitors 2 years plus PQE
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A friend of mine recently vacated a public house, amicably,

Customer Question

Hello, a friend of mine recently vacated a public house, amicably, notice was given and the keys were handed back to the brewery representative. Upon leaving it was agreed that pub was in good order and that no dilapidations were evident. No dilapidation form was offered for both parties to sign.
My friend was due a substantial ammount of money, bond and fixture and fittings, however the brewery, Punch Taverns, have not returned this claiming 17,000 pounds worth of work was required to be done. As I said nothing was agreed upon leaving.
According to the T & C's of her contract the brewery were suppose to offer the outgoing teneant time to put right any damage to the building but this was never offered and they are in breach of contract.
Please could you advise on how to move forward with this matter, thank you in advance.
Submitted: 2 years ago.
Category: Law
Alex J.
Expert:  Alex J. replied 2 years ago.
Hi, Thank you for your question and welcome. My name is ***** ***** I will assist you. Have they itemised the bill for £17k? Did she receive anything in writing to confirm there were no dilapidations? Kind regards AJ
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Customer: replied 2 years ago.
No Alex, I have asked her to request this but the brewery are not playing ball, they keep stonewalling her. There was no outgoing pack, containing any information offered they convinced her it would be forwarded in time. It has been over 6 weeks now.
The girl is really on her haunches Alex she is desperate for this money.
Customer: replied 2 years ago.
Sorry about the delay in replying I am in Abu Dhabi and we are 4 hours ahead.
Expert:  Alex J. replied 2 years ago.
Hi, Thank you. If this is an unlawful deduction of her money, then she will really have no option but to sue them. As a starting point she should go to a local solicitor and get a solicitor to write them demanding the money be returned. Once they see she has taken advice and they have a complaint from a solicitor they wont be able to stonewall her, as they will risk potential adverse costs order if she chose to sue them. Also having a solicitor write the letter gives the added gravitas that she has been advised and cannot be bullied. Ultimately her argument is they waived any right to that money by confirming there were no dilapidations.
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Customer: replied 2 years ago.
hanks you have been very helpful Alex, I just wanted to make sure she had a case before going ahead. Thanks again.
Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
She does have a case, in that this is a recovery of money.
If they are contracted to return the money at the end of the lease and have not done so, despite having waived a right to that money then it becomes a debt she is owed.
If I can assist any further please do not hesitate to contact me.
Kind regards AJ
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