The PCA has approved a Declaration which pauses and
preserves key Code rights during this latest period of
restrictions.
This Declaration is on
identical terms to and has the same effect as the previous two
Declarations that were agreed by regulated pub companies. The
Declaration period will run from 06 January 2021 to 31 March 2021
inclusive, subject to review.
Tenants can access a summary for what it means for them
in practice here.
The Declaration effectively stops the clock from 06 January 2021
on some significant Pubs Code deadlines that apply to tenants
making arbitration referrals during this emergency period, and
provides safeguards relating to specific Market Rent Only (MRO)
rights. This does not however prevent a tenant from taking Code
steps during this period if they so wish.
These arrangements provide additional protections and
expressly do not prevent any tenant from taking any available
Code step to access their rights should they choose to do
so.
As regulator, all the PCA’s statutory enforcement powers remain.
The PCA will continue to work tirelessly to promote and protect
the Code rights of tenants and will take further measures if
these prove necessary. The Pubs Code is not suspended during the
emergency period and today the PCA is publishing an open letter
to tenants to help them find out more about how the Code can
support them, particularly during this time.
The PCA has engaged with some tenant representative groups to
verify these measures. We will continue to engage with the
regulated pub companies to ensure that they return to usual
processes as soon as possible, and that tenants can continue to
benefit from their Code rights.
Tied tenants should direct any queries to their Code Compliance Officer
(CCO) in the first instance.
