MRO Frequently Asked Questions

Upon tenant request, the granting of a free-of-tie rent and an ending of all product and service ties (with the exception of insurance) and Pub Co direct involvement in the trading operations of your property.

No. Only Pub Cos and brewers, otherwise known as POBs (Pub Owning Bodies) under the code, with 500+ tied pubs in their total ownership will have to offer the MRO option. This currently includes Enterprise Inns, Punch Taverns, Admiral Taverns, Greene King, Star Pubs & Bars and Marston's.

MRO can be taken up at the election of the tenant either at rent review or at lease renewal. The option is not retrospective. To be a 'trigger', an event would need to be beyond the control of the tied pub tenant that was not reasonably foreseeable, has a significant impact on the level of trade that could reasonably be expected to be achieved at the tied pub, and is of a description specified in the Pubs' Code, yet to be agreed.

Unlikely – if the POB wants to invest in the site at lease renewal then more than likely there will be no rent review notice or Section 25 notice served on you. You want to serve a Section 26 notice requesting a new tenancy which will probably then be opposed on the grounds that the POB want to take the property back for its own occupation and use.

If MRO works effectively this should make your business more profitable and the leases more readily saleable (but not necessarily more valuable). Going free of tie does not mean that your business will automatically increase. Business is finite and your business as it stands is its market share at that moment of time. If you work to promote your business without being tied, your lease should become a sound asset provided that your rent is fair.

Tied product discounting is revised in your favour to such an extent that the taking up of MRO is not of substantial financial advantage, then you might wish to stay with your current level of relationship with your Pub Co. It is a question of bottom line profitability.

If you take up the MRO option then a Deed of Variation or even a new lease will be granted (you will have to pay for the 'reasonable' legal costs associated). The Pubs Code does not restrain the parties from discussing and potentially agreeing alternative terms, be they tied or otherwise, in the future.

The calculation of MRO rent would be much the same as the calculation of tied rent - the primary difference being the level of gross profit that can be achieved under the particular circumstances. There may be other issues to consider — for example, any benefits that are provided by the Pub Co or brewer that may be withdrawn after the MRO option is taken. The additional discount obtained will only affect wet sales. This will enable tenants to be more competitive but may only make a difference of possibly 2-5% net profitability, or 10-15% on wet gross profitability.

The extent of the current Pub Co wet rent, or wholesale contribution, has no bearing on the profits test valuation. The MRO rent will be less than the combination of tied rent and wet rent previously demanded by the Pub Co or brewer.

Unlikely if the current tied rent has been correctly set at a proper market level. If, however, you have not had your market rent reviewed for, say, five years and it has been index linked for those five years, then it is possible that you could be due a reduction in your supply-tied rent. Only at that point of revision of the supply-tied market rent should MRO option be considered.

Most modern leases have this provision. Upwards and downwards revision of your current rent is only available through a supply tied lease, which will apply to MRO — Option. The new MRO rent will be subject to inflationary increases and upward-only rent reviews.

You no longer need Flow Monitoring Vianet/Brulines as you are purchasing direct from a supplier. ‘Buying out’ no longer applies. Cash with order will only apply if you default with any supplier. You have the same rights as a genuine free house. A Pub Co representative can no longer decide, arbitrarily, that you have breached a trading agreement and fine you accordingly.

Highly unlikely as the level of major companies discounting would never be made available to the individual free trading tenant. You would, however, be entitled to acquire at the free-of-tie, open market price and take advantage of any special offers or discounts that brewers and wholesalers may be offering. We consider this free-of-tie price will be substantially less than the tied price most tenants are paying. It will aid your cash flow. Dealing direct with suppliers you can negotiate terms of credit, normally one month.

If you deal with the major brewery companies there is a strong likelihood that you will get substantial discounting although, as outlined above, not the same size of discount that has been negotiated by the Pub Cos. Being free-of-tie, you can deal with whom you like, which includes local and regional brewery companies and a variety of wholesalers. Whilst it is unlikely that the little local 'craft brewer' can offer you any discounts of substance off their free-of-tie wholesale prices, these prices are in some cases almost half the price being charged under the tied regime. There are a large number of regional brewery companies whose level of general discounting is surprisingly low — they may find they need to compete to maintain the same level of free trade business.

If you choose to deal with only one large brewery company or one specific wholesale outlet then you will be certain of having one order point and, generally, one weekly delivery, assuming you are tied on all products. However, if you choose to have several different suppliers, all of them will have their own separate order points and all of them will arrange for their individual weekly deliveries and the collection of empty barrels. If you have a free house every brewer will be chasing for your business. Some may offer greater discounts for being your sole supplier. If you find that dealing with a wholesale drinks supplier more flexible and profitable, they also have several deliveries a week in some cases.

No. You will have to negotiate the best price that you can achieve if you deal direct with brewery companies. If you choose to have your deliveries from a specific wholesaler then there will be one price list and no negotiation (with the exception of volume-related discounting) concerning the established price list.

It is quite possible that as the take-up of MRO option increases, and using relevant social media, you will probably find that there is a buying consortium in your immediate area which will, of course, greatly help the strength of bargaining power and level of ultimate discounts.

Although you can set up a direct debit relationship with your new suppliers you will generally find that you have 30 days' credit for the payment of supplies.

Under the terms of many tied agreements the Pub Co or brewer has the right to install flow monitoring equipment to monitor dispense of draught products. There seems to be little point in continuing to maintain and service this equipment once a tenant has chosen the MRO option and as such it is envisaged that Pub Co's and brewers will consider removing the equipment.

The relationship should become one of strictly landlord and tenant, more like any normal commercial lease or tenancy. You will be bound by similar terms for repair and maintenance for example, but the all-tied terms will be severed (with the exception of insurance). You will not be bound to acquire products from the Pub Co. The Pub Co will probably sever any commercial or financial benefits it offers under its tied terms, although the point many have made is that these supposed benefits do not outweigh the over-inflated tied prices. You will need to carefully consider how much value you place upon the products and services offered to you by your Pub Co and whether the advantages counteract the disadvantages before opting for the MRO option.

Neither will apply if you elect for an MRO option.

Benefits currently offered by the Pub Co or brewer are generally discretionary and to that end they may choose to continue them or withdraw them. The Pub Co's have maintained that these benefits have a significant value, in which case their removal would have the effect of lowering the resultant rent.

This depends on the wording of the lease. If you can save serious money through taking out your own Buildings' Cover, it is worth doing. Ensure that the Insurance Company notifies the Pub Co or any default on the premium within two weeks and maintains the cover until another premium is paid.

The Pub Co or brewer may offer to maintain a BDM relationship as the new MRO rent would be assessed on the basis of a pub's profitability. A pragmatic and pro-active Pub Co or brewer would seek to work with their MRO tenants in an attempt to increase the pubs' potential profitability and thereby increase the prospect of a higher rent in the future, in conjunction with increased tenants' earnings.

Certainly not. The MRO option would appear to be very attractive indeed for wet-led properties, with the balance of attractiveness decreasing as the scale of non-wet product sales increases. If, however, the Pub Cos offer an exciting and financially viable package that supports their supply-tie continuing, then there would be no need to exercise the MRO option.

You should seek genuinely independent professional advice from a specialist Chartered Surveyor who cannot be inferred as having any form of professional conflict of interest, i.e. he or his firm had, or still does, accept work / instructions from your Pub Co or brewer landlord or other Pub Cos/brewers. Contact us immediately.