Information for professional advisers

The Pubs Code requires, in certain circumstances, that pub-owning businesses (POBs) either advise tied pub tenants (TPTs) to obtain independent professional advice, or otherwise ensure that such advice has been obtained. Professional advisers are important in enabling prospective tenants make informed decisions when taking on a tied pub, and when running their business.

While getting expert advice may be important at any stage, the Pubs Code sets out particular points where advice must or should be obtained. 

Before entering into a new agreement:  

• Pubs Code Regulation 10 - Sustainable business plan - before entering into a new agreement the POB must make sure the TPT has prepared a sustainable business plan, following consideration of independent professional advice such as business, legal, property and rental valuation advice.  
• Pubs Code Regulation 11 - The required information - the POB must ensure that the TPT has received the information in Schedule 1 (such as information on the rent, the tenancy and the premises), before the TPT considers the independent professional advice on their sustainable business plan.  
• Pubs Code Regulation 13 - Premises - the POB must advise the TPT to conduct a thorough inspection of the premises to which the tenancy or licence relates, including any part intended to be used as the tenant’s home, and to obtain the advice of a qualified surveyor with professional experience relating to tied pubs.

On provision of a rent proposal: 

• Pubs Code Regulation 17 - When the rent proposal must be provided - the POB must provide the rent proposal to a prospective TPT before they consider the independent professional advice on their sustainable business plan.   
• Pubs Code Regulation 18 - Further information and advice in relation to the rent proposal - the POB must advise the TPT to obtain independent professional advice in connection with the initial or revised rent before the tenant agrees that rent. 

At rent review / rent assessment proposal: 

• Pubs Code Regulation 21 - Conduct of the rent assessment or the assessment of money payable in lieu of rent - The POB must advise the TPT to obtain independent professional advice in connection with the new rent before the tenant agrees that rent. 

At other stages of the tenancy: 

• Pubs Code Regulation 12 - Duty of pub-owning business where tenant intends to assign the tenancy – before agreeing to the assignment, the POB must be satisfied that the proposed assignee has been advised to seek independent professional advice, including from a qualified surveyor with professional experience relating to tied pubs. 
• Pubs Code Regulation 56 - The investment exception – the investment agreement must include confirmation that the TPT has obtained independent professional advice in relation to the agreement. The POB must provide the TPT with information which is necessary to demonstrate how the investment could reasonably achieve certain outcomes as a result of the investment, such as a reasonable profit and loss statement for the tied pub for a period of 2 years.  

In addition, the Pubs Code sets out some key rights for tenants:  

• Right to certain information at key points in the agreement to enable the TPT to negotiate effectively and make informed decisions about their business 
• The right to a Rent Review every five years  
• The right to receive notes of discussions within 14 days, where the discussions are with the Business Development Manager, or with any other POB representative and concern rent, repairs, or current and future business plans. The TPT can respond within 7 days of receiving the notes if the TPT does not agree with any aspect of the record.  
• The right to a Market Rent Only option under specific circumstances. 

TPTs and advisers have several routes to take if a concern arises with compliance with the Pubs Code. Please note that there are strict time limits that apply to many Pubs Code processes and the right to refer a dispute to the PCA for arbitration.  

Contact the POB’s Business Development Manager (BDM) - TPTs can raise concerns with their BDM throughout their tenancy/licence and tenants have the right to notes of discussions.    

Contact the POB’s Code Compliance Officer (CCO) - The Code Compliance Officer (CCO) is responsible for verifying the POB’s compliance with the Pubs Code. They are independent of the BDM and they must report any breaches of the Code to the PCA, which the PCA will consider. The CCO must be reasonably available to deal with tenant enquiries including if there is a dispute or issue that needs resolving.

Use the POB’s complaints procedure - Tied tenants can use the POB’s internal complaints procedure to make a direct complaint regarding their dissatisfaction. If the complaint relates to a Pubs Code issue, it should be overseen by the CCO. Information about their complaint procedure must be given to new tenants. 

Pubs Code Arbitration - If the tied tenant has a dispute with their POB about their Code rights, this can be referred to the PCA to be decided by an arbitrator. There are strict time limits for when a referral for arbitration can be made at different stages of the MRO procedure and different limits for non-MRO referrals. Details of disputes which can be referred to arbitration, and the time limits can be found in the factsheet about Pubs Code Arbitration.

Contact the Pubs Code Adjudicator | PCA - Any regulatory concerns with a POB’s compliance with the Pubs Code can be raised with the PCA by tenants or professional advisers via our contact us page. The office of the PCA reviews all information it receives, and any material of interest is processed in accordance with our privacy notice.  

The PCA's website - contains a wealth of information for tenants including factsheets about a wide range of Pubs Code rights,  tenant timeline and  Pubs Code Action stories - articles about regulation in practice.   

Links to the Pubs Code legislation can be found here.

• Professional advice and trigger events article written by Fiona Dickie.
• Professional Advice and the Pubs Code - presentation created for the BII Accredited Advisers Forum - Sept 2024 (this includes a Trigger Event overview)
• Corporate information and data 
• The Pubs Code Regulatory Compliance handbook and information may be helpful to professional advisers, to understand the PCA’s expectations as to compliance and requirements on the pub companies.