Guidance

About the Code

Published 22 November 2018

A picture of people sat around a table outside holding beer glasses

The Pubs Code (the Code) came into force on 21 July 2016 and regulates the relationship between all pub companies owning 500 or more tied pubs in England and Wales (known as ‘pub-owning businesses’) and their tied pub tenants. The Code supports two core principles:

  • fair and lawful dealing by pub-owning businesses in relation to their tied tenants
  • tied tenants should be no worse off than they would be if they were not subject to any product or service tie.

The Code makes sure that tied pub tenants:

  • receive the information they need to make informed decisions about taking on a pub or new terms and conditions
  • can have their tied rent reassessed if they haven’t had a rent review for 5 years
  • can request a Market Rent Only (or MRO) option to go free of tie in specific circumstances, including at a rent review or renewal of their tenancy.

1. Legislation

Small Business, Enterprise and Employment Act 2015

The Pubs Code etc Regulations 2016

The Pubs Code was amended as of 1 April 2022, including changes to:

  • the Market Rent Only (MRO) procedure
  • annual price increases triggering right to request MRO and rent assessment
  • extended protection when a regulated pub company sells a tied pub to a non regulated pub company
  • changes to when a pub company starts being regulated under the Code

An overview of the changes is available on our website.

The Pubs Code regulations should be read alongside the amendments.

The Pubs Code (Fees, Costs and Financial Penalties) Regulations 2016

2. Pubs Code information

The office of the Pubs Code Adjudicator (PCA) has produced an overview of some of the important ways the Pubs Code protects Tied Pub Tenants.

There is also a collection of factsheets available that provide information about some of the main parts of the Pubs Code and related processes.

3. Independent Assessors

The PCA has also published information in relation to the process by which the rent payable under a MRO tenancy can be independently assessed:

Pubs Code: Independent Assessors

Pubs Code: appointing an Independent Assessor

Independent Assessors fee structure