Guidance

Tenant Timeline

Published 13 April 2023

Applies to England and Wales

© Crown copyright 2023

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This publication is available at https://www.gov.uk/government/publications/tenant-timeline/tenant-timeline

TENANT TIMELINE

1. PREPARING SOLID FOUNDATIONS

Before contracts are signed, your pub company must make sure you:

  • have taken independent professional advice
  • have a sustainable business plan
  • have completed pre-entry training
  • receive enough information to understand how the proposed rent has been calculated
  • have a shared understanding of the Tenancy Agreement- this means each other’s obligations and what to expect, such as in relation to repairs and dilapidations.

2. MANAGING THE BUSINESS WELL

The Code has many rights to make sure your pub company is fair and transparent with you, such as:

  • option to price match your premises insurance
  • receive and challenge notes of your Business Development Manager meetings
  • receive a blank profit and loss template on request
  • no upward only rent reviews
  • no obligation to have a gaming machine
  • flow monitoring devices cannot be used in isolation to monitor sales and stock
  • pub company cannot subject you to detriment for exercising a Code right

3. DEALING WITH CHANGES IN RENT

If the pub company changes the rent - for example, if it fits a new boiler and adjusts the rent to cover repayment – you can ask for a Rent Proposal to understand how the rent has been worked out.

4. MID TERM RENT REVIEWS

  • You will receive a Rent Assessment Proposal at any contractual rent review, with information to show how the proposed rent has been worked out and help you negotiate. You can also ask for one if the rent has not been reviewed in the last five years.

  • You can request the Market Rent Only option to compare a free of tie deal and negotiate, even if you want to stay tied.

5. DEALING WITH THE UNEXPECTED

When something happens which has a significant impact on trade, or there is a significant increase in the price of a tied product or service, in certain circumstances you can:

  • request the Market Rent Only option
  • ask for a rent assessment

6. ASSIGNMENT OR END OF TERM

  • The pub company must conduct a dilapidations survey at least 6 months before the end of the agreement
  • The pub company must give you certain information if you want to assign your lease

Find out more about your Pubs Code rights by reading our factsheets at www.gov.uk/pca

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