# The Pubs Code etc. Regulations 2016, Regulation 19: Duty to conduct a rent assessment or an assessment of money payable in lieu of rent


(1) A pub-owning business—
(a) must conduct a rent assessment or an assessment of money payable in lieu of rent in connection with a rent review which is required under the terms of a tenancy or licence of a tied pub of which it is the landlord; and
(b) must conduct a rent assessment or an assessment of money payable in lieu of rent where a tied pub tenant of such a pub requests it under paragraph (2).
(2) A tied pub tenant may request a rent assessment or an assessment of money payable in lieu of rent if —
(a) such an assessment has not ended within the period of 5 years ending with the date of the request;
(b) there is a significant increase in the price at which a product or service which is subject to a product or service tie is supplied to the tied pub tenant; or
(c) the tied pub tenant demonstrates that a trigger event has occurred by means of a written analysis of the level of trading which is forecast for a period of 12 months or more beginning with the day on which the tenant makes the request.
(3) A request under paragraph (2) must be made in writing and—
(a) in the case of a request made under paragraph (2)(b), must be received by the pub-owning business within the period of 14 days beginning with the day on which the tied pub tenant receives notification of the significant increase; and
(b) in the case of a request made under paragraph (2)(c), must be received by the pub-owning business within the period of 14 days beginning with the day on which the tied pub tenant sends the written analysis referred to in that paragraph to the pub-owning business.
(4) The following are not rent reviews for the purposes of paragraph (1)(a)—
(a) an annual or other periodic indexation of rent;
(b) a change in rent in connection with the receipt of a corresponding benefit from the pub-owning business;
(c) a change in rent in connection with the freeing of the tied pub tenant from a product or service tie;
(d) any discussions in respect of changes in rent which are carried out within a review of the business provided for under the terms of the tenancy or licence.

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Source: https://www.legislation.gov.uk/ukdsi/2016/9780111147481/regulation/19 (the official version)
Page: https://openlegislation.uk/draft-pubs-code-etc-regulations-2016/regulation-19
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.