PART 13Void or unenforceable terms
Void or unenforceable terms of a tenancy or licence57
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 agreement28.