Time for some DIY? The legalities for lessees

by Richard Williams of thePublican.com's legal team of experts from London solicitors Joelson Wilson​

Have you got a nasty feeling that your pub lease says you should paint the outside of the building by the end of this year?

Modern pub leases put the onus on lessees to keep the premises repaired and decorated. The decorating obligation is typically to paint and/or plaster the inside every five years and the outside every three.

But what if it is the third year of your tenancy and the exterior of the pub is in perfectly good condition? The important factor is the state of repair of the building so, "if it's not broken, don't fix it".

A decorating clause contained in your lease is generally not "specifically enforceable", that is to say, the landlord cannot insist on the work being done precisely during the year of the term mentioned in the lease.

A possible exception may be where it is part of a tenant's business plan with the pubco or brewery landlord to have a refurbishment programme, and it may not be worth upsetting the relationship by failing to comply with the requirements.

Pubs in some environments (seafronts, industrial areas) suffer more from the elements and may need re-painting more frequently than the lease requires.

Finally, if you do decide to decorate, before ordering that loud shade of magenta remember that some leases specify that the landlord must approve the colour of the paint used, particularly during the final year of the term.