The Tavern remains closed as it is still subject to a prolonged legal battle between Landlord and Tenant. In short the Landlord has been seeking a winding up order of the Tenant’s Company due to non payment of rent and the Tenant has counter claimed for the forfeiture of the lease. Whilst the court cases continue the building, which has been for sale pre-dating this dispute, cannot be sold or occupied by a new tenant. It is fair to say that nearly everything claimed by the landlord as to how the situation arose is disputed by the tenant and vice versa.
The ‘Simpson’s Tavern Preservation Society’ was formed by Cornhill Ward’s Councillors and other supporters of the Tavern to protect the site and function. The site itself is subect to listed building (Grade 2) status and the Preservation Society also lodged an ‘Asset of Community Value’, ACV, application in December 2022 which was successful and this helps prevent the site being turned into flats, shops or offices, a private club, or any licensed premises not open to the public. The legislation was designed to save local pubs so whilst it can help in preserving the site as a ‘Tavern’ it cannot intervene in the legal dispute or enforce reinstatment of ‘Simpson’s Tavern’ specifically.
The position of the tenant since 2012, Restaurant EC3 Limited, and its shareholders, is that they are the sole rightful owner of ‘Simpson’s Tavern’ and the only operator that can maintain continuity. The Landlord’s representatives claim that they never had any intention to close ‘Simpson’s’ but only remove the current tenant and that potential new owners are fully committed to restore the Chop House and continue the historic trade in situ.
The issue is not therefore ‘why doesn’t a wellwisher buy it’ because this would not in itself necessarily resolve the tenancy, trademark and unpaid rent arrears disputes and in any event any buyer needs to be acceptable to the seller.
Also because no notice has been served by the landlord that they have a sale in process for the premises, and there is no proposal to convert the site from a usage covered by the ACV, it is not possible for the Preservation Society to seek to trigger the 6 month ‘option to buy’ moratorium which is available under the ACV designed to protect a pub at risk of conversion to another use such as retail or residential.
In the meantime the Secretary of the Preservation Society, Cllr Peter Dunphy, is working with the City of London Planning Department in seeking access to the site to ensure that the closure, and the recent damage to the bay windows does not lead to the material deterioration of this much loved heritage asset.
We will keep you informed and look forward to the day when we can dine again in the Tavern.
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