Professional help with extended protection under the Pubs Code
Rob Hastie, 1st February, 2019
Pub Companies with less than 500 tied pubs can get benefit from specialist professional help from Gosschalks on 'extended protection' with our 'Pro Ext Pro' package.
When one of the ‘big six’ pub companies (Ei, Punch, Star, Greene King, Marston’s or Admiral) sell a pub which is subject to a tied tenancy or lease, certain parts of the Pubs Code etc Regulations 2016 (‘the Pubs Code’) continue to apply until the next rent review or the end of the tenancy, whichever comes sooner. This is known as “extended protection’ (Ext Pro).
Compliance with the Pubs Code is compulsory in relation to tenancies covered by Ext Pro, no matter how many pubs the landlord owns. The tenant has the right to take alleged breaches of the Pubs Code to the Adjudicator, Paul Newby (‘the PCA’).
Gosschalks are experts in the Pubs Code, having dealt with more cases than any other law firm.
Ext Pro does not include the right to serve a notice entitling the tenant to a free of tie lease (ie MRO).
Ext Pro does create an administrative burden for the landlord, even if they only have one pub to which Ext Pro applies. That administration involves:
- Training in the Pubs Code for Business Development Managers.
- Providing information to proposed assignees on requests for licence to assign.
- Preparing ‘rent assessment proposals’ in relation to rent reviews.
- Providing information on sale of freehold/long leasehold.
- Having a compliance officer.
- Preparing annual report.
Our ‘Pro Ext Pro’ package provides:
From day 1:
- Training: Introductory course (1/2 day) (just first year). BDM training course (1/2 day), compliance officer training, required policy document. We are happy to travel to your offices
- Compliance officer support: free hotline for Pubs Code compliance questions
- Annual report: provision of template and help with content
- Legal work on the request for licence to assign
- Provision of template and contents for policy documents needed to be disclosed on assignments
- Rent reviews/lease renewals
- Referral to a surveyor/valuer with experience in preparing and advising on rent assessment proposals to comply with the Code
- Arbitrations to the PCA
- Legal work on any disputes
Need more information? Get in touch today
Rob Hastie is one of the UK's leading advisers to pub owners concerning the Pubs Code.
Rob and his team have been involved with more than a third of the total number of cases referred to the Pubs Code Adjudicator.
That specialist knowledge and experience is particularly important because the referral process is confidential, and the knowledge gained from the referrals will not be publicly available in a detailed form.
As a result we believe that Rob and his team here at Gosschalks are better placed than any other law firm to advise pub owners on the Pubs Code.
Please call Rob on 01482 324252.
Or email Rob here.