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wingrovebuyer, Senior Solicitor
Category: Property Law
Satisfied Customers: 737
Experience:  Bachelor of Laws (Honours); PG Diploma in Law; Member of ALA; 9 years' experience
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Good evening, I need some advice regarding a pub owned freehold

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Good evening, I need some advice regarding a pub owned freehold which is currently not operating due to viability and which has been listed as an asset of community value under the localism act 2011. The council are threatening proceedings if the pub is not sold to a community bidder... Need to know detailed rights of the owner please and where exactly within the pub is permitted to reside. Provided the owner pays rates and taxes for a business premises is there any restriction on the time to take to refurbish premises and open for trading? The pub was damaged by flood and a previous owners bankruptcy order removed the pumps and kitchen....
The owner wishes to refurbish the pub themselves to get to operating standards in time as a family business but this will be a slow process. Legally is this an issue? Can the council force the owner to sell? The community bidder offered over 100k less than what owner wanted and council made owner put the pub on the market after refusing change of use application.
The moratorium period is over and the owner does not wish to sell however has been threatened with enforcement proceedings if she does not accept community bid. It is suspected the community bid consists of one main player who is trying to get the pub at a reduced rate for future development opportunities.
The owner is suffering from ill health and has a terminally ill family member.... This is making people extremely frightened and stressed as it is a home and future livelihood. Please help
wingrovebuyer : Hello. The owner is under no obligation to sell it to the community bidder. The idea of the right to bid is that the community will have six months to put together a bid for consideration. There is no obligation to accept the bid. If the owner wishes to keep the pub and live in it, but keep it closed for now, there is no time limit on her ability to do this. It can be closed for as long as she likes. Regards, WB
wingrovebuyer : To be clear - the council cannot force the owner to sell.
Customer: Thank you so much that is a relief. From an enforcement officers side what is the restrictions on the use of the pub as a residence. Is it shared kitchen and accommodation, just cannot reside downstairs in business areas??
Customer: Sorry one more thing - what about the liquor licence for the premises. Does that expire and if so what are the implications of that. Thanks
wingrovebuyer : Hello. Sorry, I can only really help with your original question. However, if the pub comes with a flat there is no restriction on inhabiting that, even if the pub is closed. Regarding the licence, this will depend on the conditions of the licence and when it is renewable. Best, WB
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