end of pub lease, how long to close before renewal of lease?

not sure if I’m asking this in the right place.

A family member is the sole owner of a pub. It has been leased out for a 4 year, 9 month period and the lease is almost up. Our solicitor has told us that the pub most close for 1 day before the lease can be renewed to avoid the tenant having squatters rights etc where we would be unable to take the premises back from him. However another solicitor within the same firm has said that the period that the tenant must close is longer than 1 day, she was even suggesting that it might be as long as 1 week. Another problem is that the tenant is saying that he has no intention of closing at all, not even for a day.

Does anyone here have experience with this type of situation or is aware of the law on this regarding how long it's necessary for the tenant to close?

thanks guys

Our solicitors advised us it must be at least a week and you must take full vacant posession and the tenant must remove their belongings for that time. He said if you don't have full vacant posession then it could be seen later as a "false break" designed solely to break the lease but not a 'real' interuption to the tenant's enjoyment of the premises, therefore not preventing the tenant reaching the magic 5 year mark.

Personally I would stringly advise your friend to consult a good solicitor about this as if he really doesn't want them getting rights to (I think) a 21 year lease and the tenant refuses to even close for a day then he may well have to serve notice to quit on his tenant.

Tenants like this are despicable-no balls to buy their own premises but leeching off others who do.

caleron, this has been tested in court already. A short break period does not constitute a break and the tenant has rights to assume a full lease if you allow him back in. Murphaph is correct. I would suggest you obtain decent legal opinion from a decent specialist property solicitor before this ends in tears. And without knowing the time schedules, I would say act quickly before the matter gets out of hand.

Thanks very much for the helpful replies. The lease is up at the end of august. It's very frustrating that our own solicitor does not seem to have a full grasp of the law regarding this issue. The ownwer of the premises is my mother and the solicitor has her believing that she need only make the tenant close for 1 day.

Well, the test case is already there. You have a bit of time to deal with this but I would suggest that the wheels of motion are put in place ASAP. The likelihood is that if his business is doing as well as he professes, he will make an offer to purchase the property. Now tat's your mothers decision and no professional can (or should) decide that for her.

mercman, that's excatly what has happened but she made it clear to the guy from the very start almost 5 years ago that she would never sell.

Never say never. It's all down to price - simple as that. But I respectfully suggest that if he's not going to make a decent offer very soon, your mother needs to act to get shut of him, regardless. On your opening post you mentioned that the tenant has mentioned that he has no intention closing for even one day. For the sake of further headaches it's time to start dealing with this. Remember on the basis that he has established a good business in the pub, there should be little problem finding a new tenant

Act quickly is my advice. If your solicitor is saying the guy closing for a day (and presumably leaving all his plant and belongings in their) then you need a different (more knowledgable) solicitor who isn't going to cost you your property!

So long as you serve a valid notice to quit before the 5 year mark then the tenant can remain in there while fighting you in court etc. but they don't gain long lease rights as the notice to quit was served before the 5 year mark.

It's important to start dealing with this NOW as these things take time and a lot of it. Good luck with this individual. I HATE these people who enter into contracts with no intention of abiding by the terms!

Another trick some tenants try to use is that they will put the licence and lease in the name of their wife/partner but legally AFASIK this is the same as giving him another lease so do not be foooled by that! I think the best thing to do is give him notice immediately that the lease is not going to be renewed. He will come up will all kind of ways that he can get around it but be warned.