Chris Platts, Partner, Brownhill Vickers and Platts
I find it hard to believe that your pubco has suddenly "found" a lease amendment and is looking to enforce it. Your first port of call must be the pubco to find out exactly what this alleged increase in rent related to. If you are
experiencing problems with your area manager, I suggest that you contact the overall lease director.
There may be an easy explanation, such as a rent review having been carried out prior to your occupation, or the pubco having carried out works to the premises in exchange for increased rent. Whatever the circumstances, the increase will have to have been documented properly - if by traditional rent review, a memorandum of review should have been annexed to the lease, or if by a Deed of Variation, by registration at the Land Registry.
It is an urban myth that pubco landlords can unexpectedly increase any rent to beyond the open market value of that particular outlet - and you also have to ask why they would choose to do that. It's simply not in their interests to
experience unnecessary levels of churn or excessive
business failures. All landlords want happy tenants who pay their rents on time, buy their tied products, and ultimately improve their businesses. When agreement cannot be reached, every lease contains the further steps for
arbitration and dispute resolution.
I am a little lost as to why your current solicitors are
unwilling to advise you further in this matter, and the cynic in me is asking whether they have done their job properly. I guess none of us wants to rock the boat unnecessarily, but I would, perhaps, engage another specialist licensed-property solicitor's services to look into the transaction in finer detail.
Caveat emptor? Maybe, but you can always minimise the risks by employing experienced professionals for valuation surveys, legal work and accountancy.