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2. An Independent Assessor must determine the market rent of premises associated with a proposed tenancy or licence to which the proposed market rent relates.
3. The Pubs Code provides for circumstances where the PCA must appoint an Independent Assessor. This note sets out the process for the appointment of an Independent Assessor by the PCA.
When PCA appointments will be made
4. Where a Pub-Owning Business (POB) and the Tied Pub Tenant (TPT) are negotiating in relation to a market rent only (MRO) option pursuant to the Code, the TPT may refer the MRO rent to an Independent Assessor. Where that occurs, the parties are required to jointly appoint an Independent Assessor within 28 days of the POB receiving notice of the referral. An appointed Independent Assessor must be someone who meets the criteria specified by the PCA.
5. Failure to make an appointment requires the parties to notify the PCA of that fact within the same 28 days period. Where the PCA receives such a notice the PCA will appointment an Independent Assessor and notify the parties of the appointment within 14 days of the notification.
Notifying the PCA of a failure to appoint an Independent Assessor
6. In notifying the PCA of the failure to appoint an Independent Assessor, the parties must complete the Independent Assessor Notification form and send it to:
7. The completed form must be received by the PCA in line with regulation 8 of the Code (periods of time).
8. Upon receipt of the completed notification, the information will be provided to the Dispute Resolution Service of the Royal Institution of Chartered Surveyors (RICS). The parties may be contacted by RICS, a potential Independent Assessor appointee and /or the PCA during this process.
9. RICS will provide a recommendation to the PCA for the appointment of one or more suitable Independent Assessors who meet the PCA’s criteria for appointment of an Independent Assessor.
10. Following the consideration of the RICS recommendation, the PCA will appoint an Independent Assessor and notify the parties (within 14 days).
Independent Assessor Fees
11. The fees of an Independent Assessor are to be paid in equal shares by the POB and TPT. A copy of the fee structure that has been agreed between RICS and its members where the PCA appoints the Independent Assessor can be found at here.
12. In order to facilitate the Independent Assessor process and to ensure that the determination of the market rent takes place expeditiously in accordance with the statutory requirements, the PCA recommends that parties make early payment of the Independent Assessor’s fees when requested to do so.
Independent Assessor - PCA Notification Form
If you need to give notice to the PCA of a failure of the parties to agree on the appointment of an Independent Assessor (to determine the market rent as part of a Market Rent Only Option), please complete this form.
Please note: Notifying the PCA of a failure to appoint an Independent Assessor must be made by both parties. Receipt of a completed form is deemed to be notification if received within 28 days of the tied tenant notifying the pub-owning business of their intention to refer the matter to an Independent Assessor.
It is the responsibility of the parties making the notification to ensure that the deadlines and notice periods have been met.
Incomplete or inaccurate information may lead to delay, inappropriate appointment or the notification being deemed invalid.
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