Impact On Pub Code Of National Lockdown

The second lockdown impacts on many areas including the rights of tied tenants under the pub code.  A declaration in identical terms and with the same effect as that entered into as agreed by the pub-owning businesses ('POBs') between March and June 2020 has been put in place for the period of 5^th November to 2^nd December.  The declaration is signed by Directors of all the regulated POBs and serves to protect certain tenants rights during the latest closure without burdening them with the need to initiate arbitration proceedings themselves.  The declaration effectively stops the clock as at 5^th November on significant code deadlines and thereby safeguards Market  Rent Only ('MRO') rights. However of importance is that the declaration does not prevent tenants from taking code steps during the period should they wish to do so.

Three documents have been issued from gov.uk to explain the current position.  Links to each are set out below:

Declaration by pubs to preserve pub code rights for tied tenants

Pub Code Declaration No.2 November 2020 Summary

Coronavirus (Covid-19) pub code declaration No. 2 November 2020