Regulation 37 Independent assessor: procedureI1
England and Wales
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 the proposed tenancy or licence to which proposed MRO rent relates.
Within the period mentioned in paragraph (1)—
the tenant must provide to the independent assessor all documents listed in Schedule 3 which the tenant holds;
the pub-owning business must provide to the independent assessor all documents listed in Schedule 3 which the pub-owning business holds.
The independent assessor must—
determine the market rent associated with the tenancy or licence provided under paragraph (1); and
communicate that determination to the tenant and the pub-owning business.
The independent assessor’s determination of the market rent—
must have regard to the documents listed in Schedule 3; and
must be conducted in accordance with guidance issued by the Adjudicator, as amended from time to time.
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.
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.
The tenant and the pub-owning business must comply with any reasonable request made under paragraph (6) as soon as reasonably practicable.
Where the tenant or the pub-owning business—
provides information under paragraph (2) or (5); or
complies, under paragraph (7), with a request for other documents or information,
they must also provide any such information to each other within the periods specified in those paragraphs.
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 (5).
Where the pub-owning business or the tied pub tenant considers that—
the rent determined under paragraph (3) is not the market rent; or
the independent assessor has failed to comply with paragraph (4),
either of them may refer the matter to the Adjudicator within the period of 14 days beginning with the day on which the determination was communicated to them.
Where the independent assessor has not communicated the determination within the period required by paragraph (9), 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.
Paragraph (13) applies where—
the independent assessor communicates a determination within the period required by paragraph (9); and
neither the tied pub tenant nor the pub-owning business refers the matter to the Adjudicator under paragraph (10).
The tied pub tenant must, by notice in writing to the pub-owning business, accept or reject the determination communicated under paragraph (12)(a) and the associated tenancy or licence provided to the assessor under paragraph (1) within the period of 21 days beginning with—
the day on which the determination was communicated to the tied pub tenant; or
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.
If the tied pub tenant does not comply with paragraph (13), the tenant is treated as having rejected the determination and the associated tenancy or licence on the final day of the period mentioned in that paragraph.
Annotations
Commencement
- I1
Reg. 37 in force at 21.7.2016, see reg. 1(b)