PART 4Market rent only leases

Process for offering an MRO lease 16

1

The tied-pub tenant may request an MRO lease from the pub-owning business in writing and the request must include—

a

the tenant’s name, postal address, email address (if any) and telephone number, and

b

the name of the tied pub in relation to which the request for an offer of an MRO lease is being made and its address.

2

The pub-owning business must make the tenant an offer of an MRO lease—

a

in writing as soon as possible and in any event within a period of 4 weeks beginning with the day on which the tenant’s request was received by the pub-owning business,

b

which complies with the requirements set out in paragraph (3).

3

The conditions referred to in paragraph (2) are that the offer of an MRO lease must—

a

include a draft deed of variation, or a draft lease where the tenant consents to a new lease being offered,

b

provide for a new rent.

4

When making an offer of an MRO lease, a pub-owning business must—

a

provide information about any assumptions, disregards, information or sources of information used to calculate the proposed rent, and

b

advise tenants to take independent advice on the terms of the MRO lease.

5

Following the offer of an MRO lease there is to be a negotiation period during which the pub-owning business and the tenant are to use their best endeavours to agree terms and enter into an MRO lease as soon as possible.

6

The negotiation period is to last no longer than a period of 8 weeks beginning with the day on which the offer of an MRO lease is received by the tenant.

7

The negotiation period may be extended by up to 4 weeks by agreement between the pub-owning business and the tenant.

8

The pub-owning business and the tenant are to meet their own legal costs in connection with entering into an MRO lease.