PART 6Market rent only option: procedure to be followed in connection with an offer

Failure to agree

35.—(1) Where—

(a)the pub-owning business sends a subsequent proposed tenancy or licence to the tied pub tenant during the negotiation period; and

(b)the tenant considers that the tenancy or licence is not MRO-compliant,

the tenant may refer the matter to the Adjudicator within the period of 14 days beginning with the day after the day on which the subsequent proposed tenancy is received.

(2) A “subsequent proposed tenancy or licence” means a tenancy or licence which the pub-owning business has offered to the tenant as an MRO-compliant tenancy or licence during the negotiation period.

(3) A tied pub tenant may refer the MRO rent to an independent assessor by sending a notice to the pub-owning business, in writing, of the tenant’s intention to do so within the period—

(a)beginning with the day 28 days after the day on which the negotiation period begins; and

(b)ending with the day 7 days after the day on which that period ends.