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Regulation 57 Void or unenforceable terms of a tenancy or licenceI1

England and Wales

(1)

A term of a tenancy or other agreement between a tied pub tenant and a pub-owning business (whether entered into before or after the commencement date) is void if it purports to—

(a)

penalise the tenant for requiring the pub-owning business to act, or not act, in accordance with Parts 2 to 10 of these Regulations; or

(b)

provide that a rent review or a review of money payable by the tenant in lieu of rent in relation to the tied pub—

(i)

may be initiated only by the pub-owning business; or

(ii)

may only determine that the rent or money payable in lieu of rent is to be increased.

(2)

A dispute in relation to a term which is unenforceable, in that it purports to exclude, limit or otherwise modify the processes or the obligations of pub-owning businesses required under Parts 2 to 10 of these Regulations, may be arbitrated in accordance with an arbitration agreementf1.

Annotations

Commencement

I1

Reg. 57 in force at 21.7.2016, see reg. 1(b)

Footnotes

f1

Section 72(1) of SBEEA 2015 defines “arbitration agreement”.