Decision

Stonegate – Award – January 2019 – 3

Market Rent Only (MRO) Award.

• From: Pubs Code Adjudicator
• Published: 14 October 2022

Applies to England and Wales

Documents

Stonegate – Award – January 2019 – 3

PDF, 139 KB, 3 pages

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Details

Award published by the PCA.

Key Code area:

Market Rent Only (MRO)

This award should be read in light of the subsequent High Court decision in Punch Partnerships (PTL) Ltd & Star Pubs & Bars Ltd v The Highwayman Hotel (Kidlington) Ltd [2020] EWHC 714 (Ch). It was held by the High Court that the Pubs Code statutory framework does not give an arbitrator who finds a MRO proposal is non-compliant the power to order specific terms to be included by the POB in its MRO revised response. The arbitrator can identify that an offer is unreasonable because it does not contain a particular term (for example as to a specified tenancy length) but cannot order a particular term must be included in a proposed MRO tenancy in the revised response (such as a minimum tenancy length).

Published 14 October 2022