APPENDIX 19
Memorandum by Paula Maddison
I am Paula Marie Maddison, formally a Tenant
of The Unique Pub Co at The Midland Spinner Public House, 4 London
Road, Warmley, Bristol BS30 5JB.
The full details are as laid out in the following
document but are summarised as follows:
1. Since January 1999 we have had two major
floods in the pub, which have resulted in the loss of our Skittle
alley for over 40 months, and the additional loss of our Function
Room for over 24 months, which has more than halved the floor
area and takings potential of the pub.
2. The reinstatement works are outside of
our control, and are all done at the instruction of the pubco,
Unique Pub Co, as the Landlord and holder of the insurance policy.
The pubco has been extremely negligent in ensuring the repairs
have not been carried out with due haste or consideration for
the tenant. I did however, pay the monthly Insurance Premiums
to the pubco, but was only noted as an interested party on the
policy.
3. As a result of the negligence of the
pubco to carry out the repair works, the monthly rent repayments
were disproportionately high in comparison to the takings. We
were aware of the problem in April 2001, and approached the pubco
for assistance. Our requests were declined.
4. All of my plea's fell on deaf ears, and
in July 2001, as a result of us having to use my husband's wages
to support the pub for the fifth consecutive month, we wrote to
Unique advising that we could no longer afford the rent as a result
of only having the use of one-third of the pub. Accordingly we
made a reduced rent payment in proportion to the takings, in accordance
with an industry established formula. Every month I sent a cheque
for the reduced rent payment, together with a covering letter.
5. The pubco did not even respond in writing
until December 2001 when again assistance was declined, and no
further works were carried out on the alley.
6. We again asked for assistance, in the
form of a Rent Honeymoon. This involved reducing the rent by £36,000
over three years, but this request was declined. I was offered
a total reduction of £10,000 over two years, which was derisory
and insufficient to compensate for the high rent/low sales figures.
7. The final offer from Unique prior to
the issuing of Court Procedure was to allow me to leave the pub
and my home immediately, and avoid paying back their estimated
figure of £39,900. I had previously requested they allow
me less than that figure as a temporary concession and would be
able to keep trading in the pub. At this stage, Unique were prepared
to lose more than I had asked for to support the business. As
there is no logical reason why anyone would act in this manner,
I would also therefore conclude that Unique, or their employees,
had an ulterior motive in forcing me to leave the pub.
8. Unique Pub Co then issued court proceedings
through the Bristol County Court, applying for my eviction from
the pub, together with loss of profit and the "rent arrears".
In turn I entered a defence and counter-claim for loss of earnings.
9. In November 2002, at a Court Hearing
at Bristol County Court, the court ordered me that I should surrender
the pub by the end of January 2003, and my defence and counter-claim
should proceed through the normal court route.
10. My local MP Roger Berry even wrote to
the Chairman of The Unique Pub Co in an attempt to resolve this
issue, but received a very dismissive response.
11. All of the above is in contravention
to a specific clause within the Unique Pub Co standard lease,
which I had signed and by which both Unique and I were bound:
The Sixth Schedule, Section 5, Part (1) "If
the property (or any part of it except fixed glass and the Tenant's
Inventory) is damaged by an Insured Risk so that it cannot be
used (and provided that no insurance money is withheld due to
default of the Tenant) the Rent (or a fair proportion of it according
to the extent of the damage) shall not be payable until the Property
is made fit for use again (or for three years from the date of
the damage if less)".
12. The Unique Pub Co has acted in an arrogant
and high-handed and totally unsympathetic manner throughout. They
do not care for the well being of their Tenants or the viability
of their businesses and have modelled themselves on a Shakespearian
moneylender demanding their pound of flesh (or annual rent payments).
The pubco has also clearly ignored the main clause of their own
lease, and the pubco of all people should be aware of the clauses
within their own lease.
13. My trial in the Bristol County Court
is scheduled for 20 September 2004, and this Inquiry result could
seriously strengthen my case against a bullying pubco.
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