Jump to content

Recommended Posts

LegalBeagle, I'm not sure that statements about who is legally responsible for remedying the situation are particularly helpful, or likely to be accurate without knowing all the facts. For example, much will depend on the terms of the lease and it is usually the tenant who is responsible for repairs (but that will depend on the terms of the contract - i.e. the lease). If the blockage is not in part of the demised premises, contrary to what you suggest, it does not follow that the 'landlord' would be liable. That presupposes that the 'landlord' is the same person who owns the land where the blockage is located. That may well not be the case and even if it were that is not necessarily conclusive. There may be some grounds for an action based on the tort of nuisance (for which interim, or other injunctive relief may be available) but the defendant in any such action may well not be G&B's 'landlord'. Without having all the facts available it is simply not possible (and even dangerous - because some may even rely on what you say) to say who is liable to remedy the problem.


I note that in an early posting, the owner of G&B was laying the blame firmly at the door of a neighbouring business, not the landlord. The only thing that appears to be certain, is that we don't know sufficient facts to form a reliable view on the rights and wrongs of the problem.


I hope it all gets sorted in favour of a common sense solution and to everyone's advantage (or at the very least to the advantage of the person who is, in fact, in the right and therefore the most deserving). However, as I have said before, I didn't think G&B's tactic of slagging off their neighbours in public was constructive, or necessarily fair or correct.


I'm not knocking your opinion, which you are obviously entitled to hold, but I am urging caution on anybody before jumping to conclusions on partial facts.

I share the concern about G&B's tactic but the bottom line remains, it isn't THEIR fault


How could it be? There is a drainage issue, affecting the business they depend on adn wichever way they turn they are blocked.... How would any of us feel in that situation? What would you actually DO next?

The disinformation leaked out here is very very sad - I dont do G&B and dont really havge an opinion on them any different from (most ) of the other shops on the Lane, but Its slightly worrying that opinions seem to have been formed and sides taken without anything pertaining to actual facts being documented.


quoting the Goebbels like stream of bleating that comes across on the blog is hardly objective and I have heard zero from any other "side" in the matter.


lets be objective

I miss G&B and I'm actively supporting them by regularly buying wine from the shop. This is completely at odds with my new year's resolution, which is to give up alcohol in January. I'm accumulating a large stock of G&B bottles in the meantime; roll on February.

hey giggirl - you've been quiet of late


snorky - I kind of support what you're saying in that it appears many of us have jumped "onside" fairly quickly


But leaving aside who is right and wrong, I'm genuinely curious as to know what other people would do if they had the same problem in the same location, and do you think it hasn't occured to G&B

SeanMacGabhann Wrote:

-------------------------------------------------------

> But leaving aside who is right and wrong, I'm

> genuinely curious as to know what other people

> would do if they had the same problem in the same

> location, and do you think it hasn't occured to

> G&B


Get an injunction from the court forcing the person responsible (for the drain not necessarily the blockage)to fix it - not cheap, but if you're pretty sure that the other side is liable then you'd almost certainly recover your costs; they can then sue whoever caused the blockage (or whatever) if it isn't them


Merely serving court papers might spur them (whoever they are) into action......


This happened to me at work a few years back when my employer allegedly failed to fix a leaky roof - I was the poor sod who had to go to court and was at one point (theoretically) facing prison for contempt of court - not much fun and I certainly kicked the maintenance manager's arse to get it sorted!

Dulwichbloke - of course you are right, much will depend on the terms of the lease. The point I'm trying to make is that it is really tough for leaseholders - whoever they are - when problems like this arise. They might be responsible for the drains that are part of the premises they lease, but what about if the problem arises elsewhere? Legally all a leaseholder is entitled to do is look to their landlord, and if he hasn't caused the problem, he is the one with the legal power to force whoever has caused the problem to fix it. So if your landlord doesn't act, you have to force him to, which is time consuming and expensive. I have no clue whether a neighbour, and near neighbour, or the landlord will end up paying so in that sense I am not taking sides against anyone, I am just taking sides with Green & Blue because I can't see how any of this is their fault. Surely if they could have fixed the problem they would have done, rather than shut their business.
Green and blue bar side use to be a sandwich bar called regewells then it was a poor imitation of an italian resturant,whe the building went on the market we, my business partner and i had a look at the building with our builder and after we looked he gave us the post mortom and we ran fast,simply because it needed so much structural work and a lot of money behind it.

interesting, monica... oh dear it's not looking good


and Redgewells was great but you are so right about what followed. Same sisters as redgewells wasn't it? I get the impression they put everythng into the Italian relaunch - but it didn't work on any level. Well, the food might have been awesome but I was never going in to go in and try it as the decor was vile and I would have been the only one in there... I shudder at the memory

I loved Redgewells and still miss it. I did eat in the Italian once, a very early date with MrJ, and we were the only people there. The food was fantastic though, I always thought it was a real shame they couldn't get everything else right.


But staying on topic, I've only been to Green & Blue twice and had completely different experiences. The first time the staff were patronising and behaved as if we were being utterly tiresome in asking them to explain a bit more about the wines. We felt extremely uncomfortable and left quickly. The second time was just before it closed, the waitress was charm itself and really helpful with recommendations.


I'd like it to stay open so I can try a few more times and make up my mind.

SMG - I wasn't sugesting it was their fault - I have no idea who is to blame, which was the gist of my posting. I can't say for sure what I would 'do' next. However, I would certainly (at the earliest opportunity) check my legal position by attending at a solicitors which undertakes property law cases and presenting all the relvant facts/documents to them. Then I would consider their advice and if no progress was being made by common sense attempts at negotiating with other relevant parties, (which is invariably the best way of sorting such problems out) I would commence legal proceedings (assuming I were in the right) with a view to remedying the situation as soon as possible. I would do this quickly if my business depended on it and I had been advised I had a good case. I would seek and injunction and/or damages depending upon the facts/merits.


I would also consider entering into formal mediation with the other parties through the court system, although that would require the consent of all parties to the proceedings. Such mediation can be effective and less costly than going to trial. G&B's blog suggested that no legal proceedings had been commenced.


I suspect that any solicitor worth their salt would probably advise against posting accusations/laying blame on other parties on a public internet blog. But then again, I could be wrong

well I was in there for the first time with my mate just before xmas and it was amazing! We were chatting to the lovely waitress about the fact we were eating off of paper plates and plastic knives and forks, she said the water promlems were due to some politics the the shop next door, celestial celestial! Sounds like there being a bit of a nightmare.........

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
  • Latest Discussions

    • Repossession? Oh no, that's really sad 😢 
    • That's a really interesting possibility!
    • Noticed yesterday a reprocessing order on shop front door.
    • The fundamental problem at present is that the government has been given to belief that if they took it into public ownership, they'd have to pay all its billions of debts. This, oddly, is not a problem that's dogged any of its previous owners, and a very simple solution would be to fine it, say, £40bn for being useless and then pick it up for free. So that's possible. However one of the compelling arguments that got it privatised in the first place was that government-run operations aren't often very well run. They might promise 40 new reservoirs to get them through an election, but that's the last you'll hear of it till the water-rates bill arrives, and there's precious little in the way of economic "growth" to be had out of processing sewage. There are advantages, perhaps, to having an accountable hand on the tiller, but governments, and their agencies, tend not to very accountable. Last December, for example, the Office for Environmental Protection released a report detailing how DEFRA, the Environment Agency and Ofwat had all failed in their legal duties, but as the OEP's powers extend only to writing reports, that's as far as it went. An alternative might be to have it run as an autonomous business, with the government holding the only share. But that's what they did with the Post Office where any benefits of privatisation have become only a boondoggle for lawyers. Not that lawyers don't deserve the compulsory generosity of taxpayers, but their needs must surely be secondary to the Post Office's vital core missions of re-selling stamps, not handing out pensions and cooking the digital books. Which leaves us, I think, in need of a Third Way. That might seem a little too Blairite for some, but I think there's a way to add a Corbynish gloss by setting it up as a co-operative, owned not by the state but by its customers, who would have an interest in striking a balance between increasing bills, maintaining supplies and preserving their own environment, and who'd be able to hold the management to account without having to go through a web of five regulators by way of the office of a part-time representative with an eye on a job in the Cabinet. There are risks with that, of course, in that the shoutiest can exert the most influence, and the shoutiest are not often the most wise, but with everyone having an equal stake, the shoutiest usually get shouted down, which is why co-operatives tend to last longer than businesses steered by cliques of shareholders or political advisers. In other words, the optimum and correct path to take is tried and tested and sitting right there and I'll eat my hat if it happens.  
Home
Events
Sign In

Sign In



Or sign in with one of these services

Search
×
    Search In
×
×
  • Create New...