Participation in the PICAS is possible if a tenant’s pub company is a contributing member of the PICAS. To find out if a company is a contributing member please click here.
Tenants and landlords who have been unable resolve a rent review or the rent figure for a tenancy renewal may refer the dispute to the PICAS, although PICAS strongly recommend that both parties have issued a final offer to one another before this stage and tenants are encouraged to make a final offer to their landlord after seeking professional advice.
Tenants should be aware that if their Lease or Tenancy Agreement is in the name of a limited Company, all guarantors for the company must sign the Deed of Variation.
A list of nominated PICAS valuers is available on the PICAS website. For more information as to how the PICAS independent valuers are selected please see section 5.
The tenant on deciding they wish to utilize PICAS should complete a PICAS application form and return this to the PICAS administration team who will forward the Pub Company or Brewery landlords their separate application form. This will include details of the tenant’s chosen valuer.
Once a commitment has been made by the tenant to use PICAS to resolve a rent dispute the tenant must return their application form to the PICAS administration team within 45 days. The parties (the tenant and the landlord) will then each receive a Deed of Variation document for their signature. This agrees to the rental dispute being settled by PICAS in substitution for any other means of Dispute Resolution detailed within the relevant Lease or Tenancy Agreement. Both parties must return the original copy of the Deed of Variation within 28 days of receipt. Failure to do so will result in PICAS not becoming operative and the means of resolving the rental dispute reverting to the metholdology detailed within the relevant Lease or Tenancy Agreement.
Tenants should be aware that if their Lease or Tenancy Agreement is in the name of a limited Company, all guarantors for the company must sign the Deed of Variation.
The tenant’s selection of valuer will be considered to be final subject to no conflict of interest issues arising.
The PICAS service then provides both tenant and landlord with all documentation required to begin the independent expert process, and will hand over the case to the chosen independent valuer.
Payment must be made in full to the independent Expert within 28 days of the appointment Expert. Failure to do so results in the terms of resolution reverting to those outlined in the lease or tenancy agreement.
From this point onwards all administration is provided by the chosen independent valuer. PICAS has no further involvement in the case.
Once the Independent Expert has made his determination both parties will receive notice of the final rental figure.
PICAS does not dictate how the Independent expert makes his determination. The Independent Expert is not required to provide his workings to either party when informing them of the final rental figure unless both the parties and the Independent Expert have agreed at the outset that a reasoned Determination be provided at additional cost.
At this point PICAS will contact all parties for their feedback on the PICAS process. The PICAS does not hold records of final rent review figures.