PCA Advice Note: application of the Pubs Code (Fees, Costs and Financial Penalties) Regulations 2016 to disputes about Independent Assessor determinations
This statutory advice is to assist the industry on the application of the Pubs Code Fees Regulations to arbitration disputes about the determination by an Independent Assessor of the “Market Rent” payable for a Market Rent Only tenancy.
Applies to England and Wales
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The purpose of this statutory advice is to assist the industry by setting out the view of the Pubs Code Adjudicator (“PCA”) on the application of the Pubs Code (Fees, Costs and Financial Penalties) Regulations 2016 (“the Fees Regulations”) to arbitration disputes about the determination by an Independent Assessor (“IA”) of the “Market Rent” payable for a Market Rent Only (“MRO”) tenancy.
The PCA’s view is that a dispute about an IA determination is a “MRO dispute” for the purposes of the Fees Regulations. Therefore, the costs provisions relevant in respect of a “MRO dispute” will apply. This includes provisions relating to the cap on the amount that a tenant can be ordered to pay in costs. Tenants cannot be ordered to pay above a certain amount, except in specified circumstances.