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Staff are informing customers of the lock-out at Munchies on South William Street with chalkboard messages Munchies South William Street

Landlord locks staff out of Dublin café

Following a dispute over rent, the building’s locks were changed early on Saturday morning.

STAFF OF MUNCHIES café in Dublin city centre have been locked out by their landlord following a rent dispute.

Arriving at the South William Street café on Saturday morning, staff found that the locks had been changed during the night without any prior contact. Security are now inside the café and entry hasn’t been granted to recover personal belongings or to contact clients.

The ten staff employed by the café, one of seven in the Munchies chain, are now unsure of their future.

A reduced rate of rent had been paid on the 35 year lease for a number of months with no objection from the landlord, Munchies manager Elaine O’Hora told TheJournal.ie.

She welcomed the support they have received, saying that they have been sent many texts and emails from customers upset by the closure of 25-year-old cafe.

(Image Credit: Chloe Harris)

The lease contains the controversial upward only rent review (UORR) clause like many other properties in the city centre.  This means that the rent paid on the property can only rise or remain level, but never fall.

Dublin Chamber of Commerce says that many tenants are having issues paying their rent, with UORR clauses frequently playing a part, notable in the high-profile examples of Bewley’s and HMV.

They encourage that tenants and landlords engage in discussions if there is a problem as it will often result in a “win-win situation” for both parties.

A recent High Court ruling involving Bewley’s café on Grafton Street stated that their rent must fall to match current market conditions.

READ: Rise in ‘accidental landlords’ as homeowners rent out properties to cover mortgage costs >

MORE: Nearly one in eight commercial properties in Ireland is unoccupied >

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39 Comments
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    Mute MickyDolenz
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    Jul 22nd 2013, 12:17 PM

    “A reduced rate of rent had been paid on the 35 year lease for a number of months with no objection from the landlord” Munchies manager Elaine O’Hora said.

    I think he’s now objecting.

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    Mute HARRY MARKOPOLOS
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    Jul 22nd 2013, 12:31 PM
    64
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    Mute BRIAN KENNEDY
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    Jul 22nd 2013, 12:35 PM

    I wouldn’t say this is harassment, its a rental dispute. Harassment would be a continued sustain activity, this happened suddenly overnight.

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    Mute Padraig O'Connor
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    Jul 22nd 2013, 12:53 PM

    Does the manager have this in writing or did they do like certain other establishments and inform the landlord of such then just start doing it without coming to a formal agreement?

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    Mute gumbridge
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    Jul 22nd 2013, 1:01 PM

    Surely UORRs are anti-competition?

    120
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    Mute Brian
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    Jul 22nd 2013, 1:11 PM

    I’d like to hear the landlord’s side of the story

    193
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    Mute Nicky Ryan
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    Jul 22nd 2013, 1:21 PM

    Hi Brian, we’re attempting to establish his identity.

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    Mute Goban Saor
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    Jul 23rd 2013, 12:45 PM

    Wouldn’t good journalistic practice mean establishing that beforehand. What a hack.

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    Mute eastpoint
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    Jul 22nd 2013, 12:27 PM

    Ireland tolerates scams such as this whereby the landlord’s rent can increase regardless of the economic circumstances. All enforced by overfed and overpaid solicitors, Senior Counsels and Judges.

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    Mute Bob MacBob
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    Jul 22nd 2013, 3:39 PM

    It’s not a scam. A contract is a contract.

    Whilst getting rid of UORR is a worthy objective, it would probably require a referendum due to the damage to property rights.

    It would also mean NAMA taking a significant write down on their (i.e. our) property portfolio.

    45
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    Mute Mick Stafford
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    Jul 22nd 2013, 12:21 PM

    Feel so sorry for the staff there as I always find them really pleasant and friendly. I thought Upward Only Rent Reviews were dealt with. Ridiculous that this still applies.

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    Mute Reg
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    Jul 22nd 2013, 12:30 PM

    Applies to existing contracts, think they have been removed for new ones.

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    Mute Shaun O' Higgins
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    Jul 22nd 2013, 12:18 PM

    Sneaky behaviour by the landLord. I hope it works out for the staff.

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    Mute gerry
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    Jul 22nd 2013, 1:21 PM

    Not really sneaky if he has followed proper procedure. We havent heard the landlords side yet? My pity is for the staff hoping they have been kept informed and up to date

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    Mute TheIrishBrain
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    Jul 22nd 2013, 12:21 PM

    Greed has the law on its side again in Ireland it appears.

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    Mute Iam D Best
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    Jul 22nd 2013, 12:24 PM

    i think the greed works both ways, i paid €9.90 for a tuna panini and coffee in there this year. you wouldnt see the panini on the plate. makes sense to me now though, high rent, pricey food. never again.

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    Mute Aaron Mac Gafraidh
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    Jul 22nd 2013, 7:59 PM

    Very sorry to hear about your crappy tuna sandwich. Meanwhile, people out of work.

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    Mute Lidia Rusu
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    Jul 23rd 2013, 10:16 AM

    Sorry to hear that you had a crappy “panini” as we don’t do paninis.. we do CIBATA bread, which is totaly different then a panini. plus when you have a business you have to watch your prices as every ingredient is expensive. And i absolutely don’t think it was that exaggeratedly small. plus there are so many things in life to worry then your 9.90 sandwich. plus you should know that shops on south william street and all the streets around, are expensive due to the central situated place. so get over it, and next time make yourself a sandwich at home if your not willing to pay the price.

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    Mute Dave Sherman
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    Jul 22nd 2013, 12:47 PM

    Two sides to every story.

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    Mute Irish Mule
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    Jul 22nd 2013, 3:26 PM

    Although I don’t agree with upward only and i know many landlords are pure scrooges there are two sides to very story. My mate had to rent his apartment out and move home as he couldn’t afford the mortgage anymore. The tenants were fine for a while and then just said they weren’t paying the agreed rent anymore. They paid bits here and there and he had no comeback they had all the rights so rather than spend a fortune paying some brief he changed the locks and to be honest how can you blame him.

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    Mute Darragh
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    Jul 22nd 2013, 3:49 PM

    If my tenants stop paying the rent I won’t be waiting for the prtb or solicitors to fight my corner. I’d do whatever it takes to protect my property and my income. I won’t ever let someone effectively take food off my table and clothes off my children’s backs by not paying rents due. Whatever it takes and id that means going in heavy to get rid of bad tenants then so be it. Im sick of hearing the excuses and whining from tenant groups and do-gooders.

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    Mute Irish Mule
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    Jul 23rd 2013, 12:29 PM

    Well said

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    Mute Billy Brennan's Barn
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    Jul 22nd 2013, 12:48 PM

    The landlord has broken the law here – the tenant should sue his or her for loss of revenue/goodwill/inconvenience & trespass – owning a building doesn’t exempt you from the law or remove the ability to seek professional advice to deal with tenants professionally

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    Mute Rick MacRory
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    Jul 22nd 2013, 1:57 PM

    Billy
    Don’t be so full winded from your bar stool. You have no idea of the issues that warranted the owner of the premises to seize same . The story simply quotes a member of staff in respect of the rent which was not being paid. When you recover from your self importance you might consider that the property could be someone’s pension scheme or purchased with their life’s savings .

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    Mute Driv ElMachine
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    Aug 1st 2013, 2:43 PM

    Pretty generous pension – a building on South William Street.

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    Mute seamus mcdermott
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    Jul 22nd 2013, 1:49 PM

    It is often argued by employers that we are in a “global economy” and we should accept lower wages because we must compete with workers in Asia and Moldovia.
    The “global economy” argument is lost, however, on landlords who seem to claim some exemption from the “global economy”.

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    Mute Thom Fitzgerald
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    Jul 22nd 2013, 5:07 PM

    Regardless of whether the landlord was justified in changing the locks, the fact they’re preventing the staff from recovering personal belongings is a pretty telling assessment of their character.

    47
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    Mute John Mooney
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    Jul 22nd 2013, 1:59 PM

    As Wall Street’s Gordon Gekko would say – Greed is good. The landlord is probably also a bondholder and married to a politician.

    The time will come when they will have to reduce the rent as nobody will be renting and the 2020 deadline of having everybody working won’t be a problem as most young people will have left the country because of corruption by this and the previous government and their inertia to do anything to protect it’s citizens,

    33
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    Mute marty
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    Jul 22nd 2013, 1:14 PM

    So if this greedy Landlord has more than one business and if going thru the Upward Rent only system.

    When he nolonger has business paying him, where will he be…..

    Talk about strangling the Golden Goose

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    Mute Darragh O Meara
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    Jul 22nd 2013, 1:20 PM

    I’m pretty sure a landlord can’t just go in and change the locks without prior notice. Only hearing one side of the story we don’t know if he did give notice, however if he didn’t then I hope the shop owners sue him for everything they lost as a result.

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    Mute richardmccarthy
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    Jul 22nd 2013, 2:00 PM

    This crazy system of uorr in this country is a major contributor to the unimployment problem, and just protects the vested interests and those already on high incomes,it is anti employment and anti consumer,it should be abolished as a matter of urgency,and market conditions should dictate what rents are paid,not people sitting behind a desk whose priority is to squeeze as much as possible from them

    28
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    Mute Paddy O'Reilly
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    Jul 22nd 2013, 2:38 PM

    The same thing happened to Meadows & Byrne in CHQ in 2011.
    Dublin Docklands Authority changed the locks and shut them down.

    25
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    Mute ColindeB
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    Jul 22nd 2013, 4:34 PM

    Yet people don’t pay their mortgages for years and they receive special treatment…

    25
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    Mute New Property
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    Jul 22nd 2013, 2:04 PM

    The problem is the government/local authorities you know the amount of crap landlords have to aby by + the expenses, the landlord always gets the blame when they just passing on what the receive.

    16
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    Mute R H Beige Lark
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    Jul 22nd 2013, 4:55 PM

    Seems a shame that the landlord was (apparently) unwilling to renegotiate rent after 25 years of upward only rent changes. The cost of refurbishment must be prohibitive for an established business but hopefully they can get out of their agreement and find somewhere cheaper nearby with someone more accomodating.

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    Mute Sean Bambi Keeling
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    Jul 22nd 2013, 11:20 PM

    This has happened in a few places I know, tenant Decides to pay a lower rent with no aggreement with owner if the property. I find it funny that all the flak is on the landlord and not on the owner of the cafe.

    14
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    Mute tax slave
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    Jul 22nd 2013, 5:02 PM

    Land lords are like bankers and politicians don’t. Give a Shite

    13
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    Mute Paul Brophy
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    Jul 22nd 2013, 7:32 PM

    MAKE ME A SANDWICH!

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    Mute Hairy lemon
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    Jul 22nd 2013, 10:32 PM

    Audi alteram partem

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