Birkdale landlord locks out Miss Kay’s Burger Bar owner over rent dispute

A popular burger restaurant chain, which faced tough competition from a nearby McDonald’s, has been forced to suddenly close its bayside outlet after the landlord moved in and changed the locks following an alleged dispute over unpaid rent.

The notice left on the front door of Miss Kay’s Burger Bar at Birkdale. Picture: Contributed

A popular burger restaurant chain has been forced to suddenly close its bayside outlet after the landlord moved in and changed the locks following an alleged dispute over unpaid rent.

Surprised staff at burger bar Miss Kay’s at Birkdale’s Aquatic Paradise shopping centre arrived to work on Friday to find a notice on the door informing them that the restaurant had closed.

The notice said the landlord, Aquatic Paradise Developments, had re-entered the tenancy site and taken possession and warned staff not to try to enter the shop.

“The locks have been changed and you have no right to regain entry,” the notice said.

“Entry can only be gained by written contact with the solicitors for the lessors to arrange a mutually convenient time for you to attend the premises to collect your chattels.

“If no arrangement is made within a reasonable period of time, and/or your lease obligations to pay the debt owed, and recover the equipment from the premises, the lessor reserves the right to deal with those chattels according to the lease.”

Miss Kay’s at Birkdale’s Aquatic Paradise Shopping Centre has closed while a dispute over rent is resolved. Picture: Google Maps

In its notice, Aquatic Paradise Developments said it would also pursue the business owner for legal fees associated with the eviction and proceedings to remove the lease from the title at the centre.

Ray White Commercial Bayside, which is managing the tenancy on behalf of Aquatic Paradise Developments, said it was unable to comment on the legal process and no new tenant had been announced.

Ray White has managed the shopping complex for five years.

A spokesperson for Miss Kay’s said the Birkdale store first rented a tenancy at the shopping complex in 2017 but hit major competition last year when McDonald’s opened within 100m.

He said directors were still negotiating with the landlord and would reopen at the site if the legal issues were resolved and the rent dropped.

The spokesperson said the Birkdale store closure followed a group decision to focus on other outlets including a new store set to open at South Bank.

“We have just remodelled the Mitchelton store in January 2024 and will remodel Springwood in March,” he said.

“We are opening a new store in South Bank by March 1, 2024 so the group decided to concentrate on more profitable stores,” he said.

An aerial view of the two burger restaurants at Birkdale. Picture: Google

Staff at Miss Kay’s restaurants at Springwood and Mitchelton said the snap closure had surprised everyone including junior staff, who could not collect their belongings from inside.

“The other two outlets are staying open and, at this stage there are no plans to close them,” a staff member said.

“It was a bit of a surprise and many people still have belongings inside — and we do not know when we will be able to get them back.”

Staff were told to contact their employer to retrieve personal belongings left inside.

The popular eatery site is in the same Birkdale complex as Craft Brew House, Bloom Room Cafe, Thai River, English fish and chip shop Chumley Warner, Noodle Box and Subway.

One shop owner in the complex said he believed that the market for burgers had waned in the past year, with Miss Kay’s patronage falling from its height of popularity in 2019.

“Other tenants in the complex only found out after the notice was put on the front door and the bread delivery was left on the doorstep,” one shop owner said.