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A Preston deli has closed over Christmas after landlords accused the owner of not paying rent due – leaving them no choice but to seize the site.
Notices were placed in the window of Eat Indian, on Fishergate, on 23 December stating that the landlords had entered the building and refused entry to the owner – other than recover their property.
The notices posted in the window of the site, which is owned by the charity Trustees for Roman Catholic Purposes Registered, stated that the lease is forfeited.
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However, a spokesperson for Eat Indian told Blog Preston that they had already vacated the site due to higher rent being demanded and that they could not come to terms on an agreement. They said they intend to reopen elsewhere on Fishergate in January 2025.
A spokesperson for the landlord set out events which included the original lease in 2021, the dissolution of Eat Indian Preston Limited in January 2024 and entering a temporary tenancy agreement with the owner of the Eat Indian business Mohammed Fuzail Patel from that point. Blog Preston was able to independently verify that Eat Indian Preston Limited was dissolved in January 2024.
The landlord’s spokesperson said that as a charity they have a requirement to seek the best financial return but denied attempting to raise the rent.
A spokesperson for the charity told Blog Preston: “We leased 42 Fishergate to Eat Indian Preston Ltd. This company was dissolved in January 2024, as a result of which the lease legally ceased to exist. Following dissolution of the company a tenancy at will commenced but the occupier subsequently fell into significant rent arrears.
“We were willing to regularise the restaurant’s position with a new lease, on the same rental amount and structure as the previous one, and offered the occupier the time and opportunity to do so, on condition that they paid the relevant arrears.
“As the occupier was not able or willing to do this, and as there were certain compliance obligations relating to fire safety in the property that they had not met, we took possession of the premises on 23 December.
“The landlord is a registered charity, and the property is held for investment purposes. It is therefore a requirement under the Charities Act to seek the best financial return for the charity from such a property.”
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