Family wins case against Punch

A couple whose dreams of running a pub were shattered when they were forced out with stress and ill health, have won a court case against Punch.

Michelle and Lee Garner, who ran the Bull's Head in Frodsham, Cheshire, said Punch refused to carry out important repairs to the pub and overcharged the fee to continue their lease. Now Punch has been ordered to pay the couple £1,500 damages and £1,072.40 to refund the continuation fee.

The couple took a three-year tenancy on the pub in April 2004. But shortly after moving in, they discovered the windows in their living accommodation were rotten. "Our children were made ill with the cold and I was terrified about the security risk," said Mrs Garner.

The couple repeatedly asked Punch to mend the windows but it was 10 months before they were repaired.

Then the couple discovered they should have been paying a one per cent continuation fee, but had been charged three per cent.

In May 2005, the Garners sold the pub. They took Punch Taverns to the small claims court, claiming a refund of their continuation fee and damages for stress. "Everyone warned us not to take on Punch," Mrs Garner said. "But I didn't want to give up without a fight."

The claim was heard at Colwyn Bay County Court on August 11, where Punch was ordered to pay damages and refund the continuation fee.

A spokesperson for Punch said: "The Bull's Head had been a successful business for many years. Mrs Garner and her husband took the pub on assignment in 2004 but it did not meet their expectations. We supported them with training, marketing and business planning and shared their high hopes for a long-term successful partnership.

"The couple decided to end their lease agreement with Punch last year. Since then Mrs Garner has claimed compensation through the small claims court for overdue repairs to a number of upstairs windows and refunding of additional continuation fees."