Deputy loses his appeal to keep cafe in Market Square

Deputy Andy Taylor is sole director of Barnebe Ltd, which has run Taylor’s Cafe in Market Square since 2014.

Deputy Taylor had contested the application to evict by the landlords, McAulay (Market Buildings).

The landlord had wanted eviction with immediate effect and though Deputy Taylor was given a stay until the 30 September, he intimated it was still likely to lead to the closure of his business. He employs three staff.

The lease was due to expire in May 2024.

Jurats found that the cost of repairs that needed remedying as at April last year were £4,716.

The tenant was responsible for maintenance to the roof and guttering, despite Deputy Taylor arguing to the contrary.

Keeping the property in good repair was of significant importance when it could involve water egress that could cause further damage.

A total of 14 items were found where repairs had not been carried out which amounted to material breaches of the lease.

The landlord had relied on information supplied by its surveyor, which the jurats preferred to the survey that Deputy Taylor had done himself as a layman.

By his own admission Deputy Taylor had done nothing to remedy the schedule of dilapidation he had been made aware of by e-mail on 4 July 2022.

Jurats had not agreed that the notice to quit which was served on the tenant in November 2022 had come out of the blue as Deputy Taylor contended, and it was clear from the schedule what work had been required.

In his case for a stay, Deputy Taylor said he had made substantial investment in to the fabric of the building in 2019 which had been hampered by Covid for several months when he was unable to trade.

He did not believe there were premises available to move to which would enable him to keep his existing customer base.

A stay of only two to three months was likely to lead to the closure of his business, and a coffee supply company he also had.

It would be a big loss to people and was highly rated on Google.

Following the court’s decision, Advocate Alison Antill, for the landlord, made an application for costs on an indemnity basis or at least a recoverable basis.

She said Deputy Taylor had conducted his defence unreasonably and vexatiously, and had made unsubstantiated allegations against various parties.

In May, her client had offered Deputy Taylor £5,000 to terminate the lease without the need for court proceedings. Deputy Taylor denied being malicious.

Deputy Bailiff Jessica Roland awarded costs to McAulay of 75%, on a recoverable basis.