{
  "url": "https://openlegislation.uk/draft-pubs-code-etc-regulations-2016-ukdsi-2016-9780111146330/regulation-37",
  "json_url": "https://openlegislation.uk/draft-pubs-code-etc-regulations-2016-ukdsi-2016-9780111146330/regulation-37.json",
  "legislation": "ukdsi/2016/9780111146330",
  "legislation_title": "The Pubs Code etc. Regulations 2016",
  "legislation_url": "https://openlegislation.uk/draft-pubs-code-etc-regulations-2016-ukdsi-2016-9780111146330",
  "path": "regulation/37",
  "kind": "regulation",
  "number": "37",
  "heading": "Independent assessor: procedure",
  "text": "(1) The tied pub tenant must, within the period of 28 days beginning with the day after the day on which an independent assessor is appointed under regulation 36, provide to the independent assessor—\n(a) the MRO-compliant tenancy or licence proposed by the pub-owning business under regulation 29(3)(b) or (c); or\n(b) the subsequent proposed tenancy or licence,\nassociated with the MRO rent being referred.\n(2) The assessor must—\n(a) determine the market rent associated with the tenancy or licence provided under paragraph (1); and\n(b) communicate that determination to the tenant and the pub-owning business.\n(3) The independent assessor’s determination of the market rent—\n(a) must have regard to the documents listed in Schedule 3; and\n(b) must be conducted in accordance with guidance issued by the Adjudicator, as amended from time to time.\n(4) The tenant and the pub-owning business must provide to the independent assessor any other information which they consider relevant to the determination within the period of 28 days beginning with the day after the day on which the independent assessor is appointed.\n(5) The independent assessor may require the tenant and the pub-owning business to provide any other documents or information held by them which the independent assessor considers relevant for the determination.\n(6) The tenant and the pub-owning business must comply with any reasonable request made under paragraph (5) as soon as reasonably practicable.\n(7) Where the tenant or the pub-owning business—\n(a) provides information under paragraph (4); or\n(b) complies, under paragraph (6), with a request for other documents or information,\nthey must also provide any such information to each other within the periods specified in those paragraphs.\n(8) The independent assessor must communicate a determination of the market rent to the tied pub tenant and the pub-owning business within the period of 21 days beginning with the day after the end of the period described in paragraph (4).\n(9) Where the pub-owning business or the tied pub tenant considers that the independent assessor has failed to comply with paragraph (2) or (3), they may refer the matter to the Adjudicator within the period of 14 days beginning with the day on which the determination was communicated to the tenant and the pub-owning business.\n(10) Where the independent assessor has not communicated the determination within the period required by paragraph (8), the tenant or the pub-owning business may refer the matter to the Adjudicator within the period of 14 days beginning with the day after the end of that period.\n(11) Where—\n(a) the independent assessor communicates a determination within the period required by paragraph (8); and\n(b) the tied pub tenant or the pub-owning business do not refer the matter to the Adjudicator under paragraph (9),\nparagraph (12) applies.\n(12) The tied pub tenant must accept or reject, in writing, the determination communicated under paragraph (11)(a) and the associated tenancy or licence provided to the assessor under paragraph (1) within the period of 21 days beginning with—\n(a) the day on which the determination was communicated to the tied pub tenant; or\n(b) if later, the day on which any rent assessment, or assessment of money payable in lieu of rent, being carried out in respect of the tenancy or licence ends.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukdsi/2016/9780111146330/regulation/37",
    "retrieved_at": "2026-10-30T15:08:18.986967+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}