Dispute underlines importance of ‘clear and precise arbitration’ between pub tenants and their landlords
A VETERAN publican has been left in ‘shock’ after being evicted from the pub that he and his wife have run for nearly 24 years.
Drew and Allison Ruthven of The Salmon Leap in East Kilbride were informed by landlord Rosemount Taverns that their lease would not be renewed when it expired at the end of last month.
A notice to quit was issued to the couple in November, but Drew told SLTN that he had been given assurances by the pub company that the lease would be renewed.
Emails seen by SLTN – dated December – mentioned a new rent agreement and a planned refurb of the pub. However, no formal lease agreement was produced.
In January, just a couple of weeks before the end of the current lease, the Ruthvens were informed that the lease was not to be renewed.
“There was a new lease agreed,” said Drew. “It was never signed but it was agreed – to follow on from the old one.
“We were to continue to trade from the function rooms upstairs during the refurbishment, which was going to take two months. Everything was hunky dory, going ahead. The last meeting we had was Wednesday of last week. We left it at that.
“That meeting went ahead. On the Thursday I got an email from (the company) to say they were withdrawing the offer of a new lease.
“As far as I’m concerned, although the lease wasn’t signed, it was agreed in principle, verbally and through emails.”
Scottish Licensed Trade Association managing director, Colin Wilkinson, said the situation underlines the importance of the Tied Pubs (Scotland) Act, which will establish a Scottish Pubs Code governing the relationship between pub companies and tenants as well as appointing an adjudicator to handle disputes.
“This just highlights that there’s a need to have a code of practice for tenanted pubs in Scotland,” said Wilkinson.
“There needs to be a clear and precise arbitration system put in place.
“The SLTA is meeting with Ivan McKee, the minister responsible for steering the legislation through parliament, next week and these will be some of the things we’ll be raising with him.”
Rosemount Taverns did not respond to a request for comment.
