IN THIS season of good cheer, let us pause for a moment and look back at some of the property issues we have covered for you in The Publican during the course of 2007.
In January we looked at unauthorised posters, and warned that virtually any poster or banner promoting your premises will need planning consent. This is a nightmare for the unwary, and could lead to a £1,000 fine. Equally, if you place flyers on lampposts advertising a promotion, that amounts to fly-posting and is illegal.
You and your landlord
Then we covered asbestos. If you bear the responsibility for the repair and maintenance of your pub the onus is on you to comply with the Asbestos Regulations 2006. The best guide here is the Health & Safety Executive website www.hse.gov.uk
In March we advised on mobile phone installations. This may sound like a good source of extra income, but do you need landlord's consent? You should realise the phone operator could acquire rights under the Landlord & Tenant Act 1954, making it difficult to remove them. You should also be aware of the operator's rights under the Telecommunications Code.
April and June saw two articles on repairing obligations. We stressed the need to check your tenancy very carefully at the outset, and work out exactly what is your responsibility.
The key is to keep your landlord on board in the event that repair issues become controversial. Equally, if you feel your landlord is failing to carry out its own repairing obligations give the landlord formal notice of the problem: they do not have a duty to inspect premises.
During the baking heat of the summer (remember that day in May when the sun popped out for a few minutes?) we ran an article on assignment of leases.
Again, check the terms of the lease carefully (usually in a section called 'alienation') to see what the law is. Often the lease will say the landlord is entitled to refuse permission to assign if there are any outstanding breaches of the lease, such as arrears or disrepair. And remember you remain on the books if the incoming tenant happens to default on rent.
Beer and debts
In July we went through the standard beer tie provisions. Margins on beer sales are an important source of income to the pubcos, and more are installing electronic monitoring equipment in cellars.
Remember that most landlords also have express rights in leases to enter cellars at any reasonable time to check there are no foreign kegs, as well as to go through your books.
September saw an insight into how to recover debts. We flagged up the fact that the ancient landlord's remedy of sending in bailiffs to seize goods (called 'levying distress') is due to be watered down in 2008, but there is still plenty of other ammunition in the landlord's armoury against defaulting tenants.
There will be further changes in 2008 that will make it a bit easier for everyone to recover debts through the courts.
In October we looked at rights of way over land - crucial to allow the drays to deliver at some pubs. We warned that if someone appears to be interfering with a right of way you enjoy you must take action quickly.
Then, in November, we advised on collapsing walls, and who can be held liable in the event of an injury.
There is so much law affecting your pub - from property issues to employment law, health and safety, and so on - it is amazing you find the time to run the business, submerged as you are under a tide of paperwork. And it never gets any easier!
A final word of warning, though, in case you find a little fat man in a red coat clambering down your chimney over the next few weeks. Who could it be? Is it the Health & Safety Executive, swooping down on you, or is it your landlord's area manager trying to do a cellar audit? The answer is to keep him out with a roaring fire up the chimney, and just hope he doesn't sue you for injury to feelings.
Happy Christmas!