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The Pubs Code etc. Regulations 2016

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Effect of tenant’s noticeE+W

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29.—(1) This regulation applies where a pub-owning business has received an MRO notice.

(2) The pub-owning business must send a written acknowledgement to the tied pub tenant as soon as reasonably practicable.

(3) Where the pub-owning business agrees with the tied pub tenant’s opinion under regulation 23(3)(e), the pub-owning business must send the tenant—

(a)a statement confirming its agreement;

(b)where the MRO notice relates to a tenancy, a proposed tenancy F1...;

(c)where the MRO notice relates to a licence, a proposed licence F2...;

[F3(d)a statement of the proposed rent or money payable in lieu of rent payable in respect of the tied pub tenant’s occupation of the premises concerned under the proposed tenancy or licence.]

(4) Where the pub-owning business disagrees with the tied pub tenant’s opinion under regulation 23(3)(e), it must send the tenant—

(a)a statement confirming its disagreement; and

(b)its reasons for disagreeing.

(5) A response under paragraph (3) or (4) is a “full response”.

[F4(5A) Where a full response includes a proposed tenancy or licence that tenancy or licence must be MRO-compliant.]

(6) The pub-owning business must send a full response within the period of response.

(7) The “period of response” is, subject to paragraphs (8) and (9), the period of 28 days which begins with [F5the day after] the day on which the pub-owning business receives an MRO notice.

(8) Where—

(a)the tenant gives an MRO notice that the event specified in regulation 26 has occurred;

(b)the event is a renewal by virtue of regulation 26(2)(a); and

(c)the pub-owning business—

(i)opposes the tenant’s application for a new tenancy under section 24(1) of the Landlord and Tenant Act 1954; or

(ii)applies to the court under section 29(2) of that Act, for an order for the termination of the tenancy,

the “period of response” is the period of 28 days which begins with [F6the day after] the day on which the court makes an order for the grant of a new tenancy.

(9) Where the tenant gives an MRO notice that the event specified in regulation 26 has occurred, and the event is a renewal by virtue of regulation 26(2)(b), the “period of response” is the period of 28 days which begins —

(a)at the end of the period of two months after the day on which the tenant makes a request for a new tenancy under section 26 of the Landlord and Tenant Act 1954; or

(b)where the pub-owning business opposes the tenant’s application for a new tenancy under section 24(1) of that Act, or applies to the court under section 29(2) of that Act, [F7the day after the day on which] the court makes an order for the grant of a new tenancy.

Textual Amendments

Commencement Information

I1Reg. 29 in force at 21.7.2016, see reg. 1(b)

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