Ei Group - Award - December 2019 – 2
Market Rent Only (MRO) statutory arbitration award.
Applies to England and Wales
Documents
Details
Key Code area:
- Market Rent Only option
Publisher’s Note: The Pubs Code Adjudicator encourages openness and transparency in the operation of the Pubs Code etc. Regulations 2016. Publication of awards made in Pubs Code arbitrations, or summaries of those awards, enables the industry to better understand previous decisions and consider how the Pubs Code is being applied in individual cases. Neither the Pubs Code Adjudicator nor an arbitrator is bound to follow published awards in applying the law, but such awards can be used to support the industry’s consideration of the proper interpretation of the Pubs Code. Parties are encouraged to take independent professional advice about their situation.
The outcome of an arbitration is based on its own facts and the evidence produced in the case and is not binding in other cases where the landlord and tenant are not the same. The Pubs Code Adjudicator does expect a regulated pub-owning business to consider its understanding of the law in light of each award that makes a finding on the interpretation of the statutory framework and to adjust its behaviour towards tenants as appropriate. The publication of an arbitration award or an award summary does not mean the Pubs Code Adjudicator endorses the decision and it does not form legal advice about any issue.
Issues relating to the compliance of a proposed MRO tenancy delivered by a deed of variation which deletes all of the terms of the existing tenancy and replaces them with new terms (sometimes known as a deed of variation by reference) have been considered by the PCA in a further arbitration case. For information, please find a link to this case here.