I have been charged by a solicitor for a letter they sent myself ??

whiteswan

Wasn't too sure where to put this............

I own a Pub with a Pub Company - been here 16 years.

A representative of the Pub Company tried to gain access behind my bar whilst I was not on the premises.

He didn't identify himself and was quite rightly refused access.

I then received a solicitors letter saying that I should have let him access wherever he wanted to as it is in my lease.

I politely wrote back to them explaining that as he did not identify himself correctly or offer any form of id we cannot let anybody without proper id behind bar near to the stock or the tills and also for my staffs safety.

However they have now sent me a bill for £200 for sending me the letter in the first place.

Can they legally do this ? There was no warning I would be charged and no fees etc in their letter to myself.

Can I now invoice them for my time and having to send a letter to them ?

It seems really petty to be honest - especially after being here for such a long time with no problems at all - never missed a rent/beer payment and it's left a bad taste in my mouth to be fair.

I have contacted the Brewery who they represent and hopefully they will just quash the charges - but am I allowed to write back - including a structure of my fees/time etc if I need to - or do I need to be legally qualified ?

Dave

LadyDee

They can't charge you for writing a letter - they charge the person instructing them. You have no contract with the brewery's solicitors presumably? Doesn't your lease provide for "reasonable" notice of access (unless in an emergency) or some such? The brewery should be grateful that you don't let anybody just wonder round the nonpublic part of the premises.

[Deleted User]

whiteswan wrote: »

I have contacted the Brewery who they represent and hopefully they will just quash the charges - but am I allowed to write back - including a structure of my fees/time etc if I need to - or do I need to be legally qualified ?

Wait and see what the Brewery say before doing anything. You seem to me to be perfectly justified in refusing entry to effectively private premises by someone who failed to identify themselves. Don't "write back", simply refuse to pay the solicitor's fee.

However, what prompted them to send the letter via a solicitor in the first place? Is this because you have repeatedly refused them entry? Why do they want access in the first place? Is it some form of inspection?

agrinnall

whiteswan wrote: »

...but am I allowed to write back - including a structure of my fees/time etc if I need to - or do I need to be legally qualified ?

If you did this it would legitimise the charge levied on you by the solicitor. As your hourly rate won't be anywhere remotely near the rate charged by a solicitor you'll be significantly out of pocket even if both sides pay up. Leave it to the brewery to sort out.

davidmcn

LadyDee wrote: »

They can't charge you for writing a letter - they charge the person instructing them. You have no contract with the brewery's solicitors presumably? Doesn't your lease provide for "reasonable" notice of access (unless in an emergency) or some such?

The lease will certainly give the landlords some sort of rights to inspect etc, but won't necessarily be qualified about requiring notice (or specific forms of ID) unless that had been negotiated at the time the lease was drafted.

And it will also say that the tenant has to pay the landlord's costs for enforcing the terms of the lease, so there's nothing wrong in principle with the tenant being asked to pay the landlord's solicitor's bill.

So I think the only questions are:
1. does the lease say they need to make an appointment

2. did the guy really refuse to say who he was but claim he had the right to go behind the bar?

3. was it reasonable for the landlord to go straight to their solicitors rather than just write to the OP themselves to remind him what the lease says? (probably not a great argument if the OP has in fact breached the lease)

And no, tenants can't charge for their time corresponding with the landlord or their solicitors.

Paul_DNAP

Send them a bill for £400 for the letter you sent to them in reply to the letter they sent to you. Then if they chase you to court for the £200 they billed you, they'll end up £200 down on the deal.

[Deleted User]

whiteswan wrote: »

Wasn't too sure where to put this............

I own a Pub with a Pub Company - been here 16 years.

A representative of the Pub Company tried to gain access behind my bar whilst I was not on the premises.

He didn't identify himself and was quite rightly refused access.

I then received a solicitors letter saying that I should have let him access wherever he wanted to as it is in my lease.

I politely wrote back to them explaining that as he did not identify himself correctly or offer any form of id we cannot let anybody without proper id behind bar near to the stock or the tills and also for my staffs safety.

However they have now sent me a bill for £200 for sending me the letter in the first place.

Can they legally do this ? There was no warning I would be charged and no fees etc in their letter to myself.

Can I now invoice them for my time and having to send a letter to them ?

It seems really petty to be honest - especially after being here for such a long time with no problems at all - never missed a rent/beer payment and it's left a bad taste in my mouth to be fair.

I have contacted the Brewery who they represent and hopefully they will just quash the charges - but am I allowed to write back - including a structure of my fees/time etc if I need to - or do I need to be legally qualified ?

Dave

However they have now sent me a bill for £200 for sending me the letter in the first place.

For clarity who sent the bill for £200? Was it the solicitors and are they claiming you owe them for sending their letter or was it the pub chain who sent it?

What's the wording on the letter?

Potbellypig

I don't think we're getting the full story here...

k3lvc

Potbellypig wrote: »

I don't think we're getting the full story here...

Indeed

OP - do you actually 'own' the pub as your post says ? If not what is your actual position and relationship with the brewery ?

I can think of a particular Yorkshire based brewery who would operate on this basis and throw legal letters around with abandon - if it's this one owned by Humphrey then it's likely any response will leave you homeless/jobless fairly quickly

stragglebod

Dear Sirs


Thank you for your letter of xx. I am not liable for this bill, will not be making any payment, and consider the matter closed.


Kind regards, whiteswan

m0bov

Why did the brewery just turn up to get behind the bar?! Have you not paid your bills?