In a pre-trial decision, a judge found the tenant unlawfully held the publican’s licence to prevent the re-letting of the premises
In a pre-trial decision, it was found the tenant unlawfully held the publican’s licence to prevent the re-letting of the premisesThe Four Courts. A High Court judge has found that a pub lessee with alleged arrears of €441,948 engaged in a “Mexican standoff” and unlawfully held the publican’s licence to prevent the landlord re-letting the Dublin premises.
He was satisfied Lindat made out a strong case at this pre-trial stage that he should grant an order for the tenant, The PW Plaza Cafébar Limited, to return the publican’s licence to it. Under new ownership, Lindat served a notice of forfeiture on PW Plaza Cafébar in August 2023 when arrears of rent, service charges and insurance premiums allegedly totalled €441,948, said Mr Justice Nolan.
The judge said the lease, drawn up when the two firms were still part of the same group, recited that the rent was for the premises in “shell and core” state. After serving a notice of forfeiture, Lindat re-entered and took possession of the pub premises on August 29th, 2023, said the judge. The following day it asked the lessee to transfer and deliver the publican’s licences and restaurant certificates.
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