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EXCLUSIVE: Inside bitter row that has rocked Dundee music venue

EXCLUSIVE: Inside bitter row that has rocked Dundee music venue

The Couriera day ago

A Dundee music venue is seeking a new home after a bitter row between landlord and tenant.
Church has moved out of its Ward Road home of eight years after being evicted by the building's owner, Hunter Hamilton Group.
The venue has become one of the most popular in the city, hosting gigs by major acts as well as local performers and club nights.
But now, the name Church will no longer be synonymous with the former 19th-century Methodist church site it occupied.
At the centre of the row are two men: Jeff Chan, owner of Church, and Mark Miller, director of the building's landlord, Hunter Hamilton.
The pair were married between 2018 and 2023.
Since their divorce, the two men and the companies they run have been embroiled in a feud that has ultimately led to Church being told it needs to find a new home.
Jeff said: 'This situation has taken a huge toll. I didn't want this to become public, it's deeply personal and incredibly difficult.'
But Mark insisted: 'Personal matters are separate from business.'
Last week, workers visited the Ward Road building and were seen throwing items –including a Church sign – into the back of a rubbish truck, as Hamilton Hunter prepares to rebrand the site as Music Hall Dundee from next month.
Meanwhile, Church is set to run events from the nearby Beat Generator on North Lindsay Street until it secures a permanent home elsewhere.
This is the inside story of what has led to one of the city's best-established venues facing an uncertain future.
As hints of a feud emerged on social media, The Courier sought answers from those involved.
Church owner Jeff claims the eviction stems from him falling behind on two weeks' rent in January 2024, which he says he eventually caught up with.
He told The Courier: 'At the time, Mark was actually in arrears to me by 18 weeks' worth of payments from our personal financial settlement, with over £15,300 overdue and a total of just over £46,000 still outstanding.
'While I don't dispute that falling behind on rent was a failure on my part, the context matters.'
Mark says this allegation is untrue.
He said: 'Despite multiple claims from Jeff attempting to avoid his agreed business obligations, my lawyer repeatedly requested proof throughout 2023 and 2024 to review these claims.
'To date, no evidence has been provided. It was clearly communicated that if Jeff believed these claims were valid, he or his lawyer should present proof or take legal action.
'Nothing has materialised.
'These claims have not resurfaced in the past year.'
Mark says the current balance sits at just below £10,000, from an initial balance of £53,000, with 'payments ongoing'.
Jeff claims that 'escalating costs' imposed by Mark and Hamilton Hunter have also hampered his ability to keep up with other payments.
He said: 'Rather than support recovery, he (Mark) used his position to make things significantly worse, imposing late fees and cutting off direct communication, forcing everything through solicitors.
'Under the lease, I was liable for legal costs on both sides, which only deepened the financial pressure.'
Asked to respond to this claim, Mark said: 'Correct. This was explicitly stated in the lease terms, which Jeff agreed to.'
The Courier has seen an email where Mark tells Jeff to only speak to him through his lawyer.
Jeff and Mark founded Church in 2017 before realising their dreams of putting on big acts locally.
They fulfilled their ambitions as artists including Snow Patrol, Texas, Kyle Falconer and Sex Pistols singer John Lydon all appeared at the venue.
However, things turned sour, with many other claims of each party owing the other one money.
Jeff, the Church owner, says he was being charged for the 'full cost of the building's insurance while no other tenant (Captain's Cabin, which occupies the other half of the building)was contributing'.
He says when he raised this, landlord Mark admitted Church was being overcharged.
Jeff claims this remains unresolved.
Mark says that Church was liable for 50% of the insurance and utilities costs of the building.
He claims Church would pay the money, then bill Captain's Cabin for its share.
Mark continued: 'This changed in October 2024 when Captain's Cabin vacated and (new club venue) Hidden became responsible for 50%.
'This changed again in January due to the tenant (failing in) another of their obligations in paying the utility companies, where the landlord took over the services and rebilled the tenant for 50%, which has never been paid to date.'
Every inquiry made by The Courier about the fallout prompted another claim and counter-claim, which we have attempted to investigate thoroughly.
Among these is Jeff's claim that he was sent utilities bills by Mark that were well over what he should have been required to pay.
Mark, however, claims this is down to Jeff not paying towards these utilities between February and May this year.
Mark further claims that since taking over the building, following Church's eviction, other sums 'remain outstanding'.
Another major issue raised by Jeff in his correspondence with The Courier was a roof leak at the building in May 2024.
'The roof has always been an issue in this building over the years, and it started again, which I reported,' he said.
'Later, the water was then leaking directly into an electrical fuse box, something I flagged as a serious concern.
'Despite multiple follow-ups, it took around eight months for this to be addressed.
'Given that health and safety concerns have since been used by the landlord to justify the termination of the lease, I find it frustrating that such a significant risk was not prioritised or resolved sooner.
'It's difficult to accept criticism on safety grounds when critical issues raised by us went unresolved for so long.'
Mark insists as soon as the issue was flagged to Hamilton Hunter, he 'promptly requested detailed information, including photographs, to pass to our surveyor and contractors'.
He continued: 'The tenant (Jeff) ignored repeated requests for this information, which delayed repairs.
'After our lawyer contacted the tenant's lawyer and the required information was finally provided, repairs were carried out promptly.
'Without access or co-operation, no inspection or repair was possible earlier.
'The tenant claimed the leak affected their trade, but photographic evidence shows the venue was still fully operational during this period.'
Mark alleges other health and safety issues that were the responsibility of Church remained unresolved until its eviction.
The row has had an impact on staff, too.
Jeff claims that five days before Christmas in 2023, he was issued with an eviction notice, saying he had 'breached the premises licence'.
The Church owner claims this was 'later confirmed not to be true by the licensing board and police'.
He continued: 'It forced me to frantically search for legal help at the last minute before the holidays.
'At the same time, Mark was contacting staff at Church directly, telling them they should look for new jobs.
'The timing and tone made it clear this was about intimidation, not resolution.'
Eight staff members employed by Church are now being offered shifts at Beat Generator.
In response, Mark said: 'I am unsure about this claim.
'However, the tenant was served multiple pre-irritancy notices due to repeated failures to meet financial and other lease obligations.
'In the past, these issues were resolved promptly after notices were served.
'This (most recent) time, the tenant failed to remedy the outstanding matters, resulting in a lawful eviction.
'This was entirely due to their breach of agreed terms.'
Another claim made by Jeff is that, after the couple separated in 2022, he took on Church and signed a lease that he has 'since been advised was heavily biased in the landlord's favour'.
He said: 'Mark agreed to buy me out of our other ventures and has remained in arrears to me since, with payments still ongoing.'
Responding to that claim, Mark said: 'That is correct.
'Jeff requested a 25-year lease for the building at Ward Road, which was agreed upon, drafted, and sent to him for review and obtain legal advice prior to agreement.
'He signed the agreement as part of the overall settlement.'
Jeff admits the 'truth' of this saga is 'more complicated than just missed rent'.
He said: 'Mark and I were previously married and business partners, we started Church together in 2017.
'This situation has taken a huge toll. I didn't want this to become public, it's deeply personal and incredibly difficult.
'But I also can't allow a misleading narrative to stand unchallenged.
'I remain committed to Church and the community it serves.'
Asked whether the breakdown of their marriage was to blame for the issues that have followed, Mark said: 'Absolutely not.
'Personal matters are separate from business.
'The eviction resulted solely from Jeff's prolonged failure to meet his lease obligations.
'Unfortunately, this has had financial consequences for many local staff, contractors, suppliers, and artists involved.'
The Courier has spoken to one artist, who claimed they had not been paid in full for a gig at Church around 18 months ago.
Jeff claims he had struggled to contact them to sort the outstanding amount, but has vowed to reach out again to the artist in question.
Despite the huge fallout, both Jeff and Mark, and the companies they run, are now looking to push ahead with separate plans for new-look music venues in Dundee.
A statement on Church's social media pages says Beat Generator has taken on its staff and events for the moment.
It also says it believes a new permanent home may have been found.
The statement added: 'We're currently working through the final details and will share more news as soon as we can.'
Meanwhile, Hamilton Hunter says its rebrand to Music Hall Dundee from July 1 will mark a 'bold new chapter'.
It says all venue hires at the building formerly known as Church will be honoured during the transition.
Both have also sought the support of the Music Venue Trust (MVT), a charity that aims to protect and improve independent venues.
Stina Tweeddale, Scotland co-ordinator at the MVT, said: 'We have supported Church through our emergency response service as they navigated a dispute with their landlord.
'Hamilton Hunter Group's venue Hidden is also a member of the MVT.
'We will continue to support Church as they transition to new premises.
'We also welcome the opening of Music Hall Dundee as an exciting new chapter for live music in the city.
'Our core aim remains unchanged, that Dundee has access to live music and the community that thrives around it.'

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