Scottish Pubs Code Adjudicator - rent assessments and review: guidance

Rent review rights under the Scottish Pubs Code

From 30 June 2025, the Scottish Pubs Code gives you rights regarding any rent review for your tied pub in the following situations:

• when your landlord initiates a rent review under the terms of your lease
• when you request a rent review because your lease does not specify any rent review terms

Whether your lease includes the requirements below, the Scottish Pubs Code requires your landlord to follow this process for any rent review of your tied pub.

Rent review process

Rent reviews are a key part of the ongoing relationship between landlord and tenant, ensuring that any agreement between a pub-owning business and a tied-pub tenant should fairly share the risks and rewards amongst the parties

Landlord has commenced a rent review

Information that must be provided to me

If your landlord is reviewing the rent, using the rent review terms of your lease, they must provide you with a rent assessment statement.

This statement must be provided at least six months before the date the rent is due to change. The statement needs to specify a valuation date, which also must be at least six months before the rent is to change.

The rent assessment statement needs to include:

• the proposed rent for your pub, the valuation date and details of the way in which that calculation has been reached
• a profit and loss forecast for the pub for 12 months from the valuation date
• details for the volume of alcohol purchased from the landlord in the 3 years prior to the valuation date, including the number of barrels of alcohol if reasonably available
• And any other information or sources of information relied upon to assess the rent

Information that should be provided in the profit and loss forecast

The information in the profit and loss forecast should be based on the actual income and costs for your pub. If that information is not available, then the profit and loss forecast should be based on a comparable pub in the same area and with an explanation of the basis of the figures used.

Help that is available to me through the rent review process

Your rent review statement must advise you to seek independent advice and include information about sources of this advice. You can also request information about the rent for the pub from your landlord, who will either provide this information or, as soon as reasonably practical, provide you with the reasons why they are unable to do so.

The new rent will apply

The new rent will apply from the date specified in the rent review provisions of your lease.

Requesting a rent review

Eligibility to request a rent review for my pub

If there is not a rent review process included in your lease, the Scottish Pub Code allows you to request a rent review for your tied pub. You are eligible if:

• at least 12 months remains on your lease
• you have not requested a rent review in the last five years
• your landlord has not carried out a rent assessment in the last five years
• exclusions: you are not currently negotiating or assessing the rent for a market rent only lease with your landlord

Making my request

Make your request to the landlord in writing.

Information that my landlord needs to provide me

Your landlord needs to provide you with a rent assessment statement within 6 weeks, though this can be extended for a further 4 weeks if you both agree.

The rent assessment must include:

• the proposed rent for your pub, on the basis of a valuation at the time that you made your request
• a profit and loss forecast for the pub for 12 months from the date you made your request
• details for the volume of alcohol purchased from the landlord in the 3 years prior to your request, including the number of barrels of alcohol if reasonably available
• any other information or sources of information relied upon to assess the rent

The basis for the new rent for my pub

Your rent must be calculated on the basis of the likely rent agreed on the open market between a tenant and a landlord for the same lease terms that you currently hold.

The information that should be provided in the profit and loss forecast

The information in the profit and loss forecast should be based on the actual income and costs for your pub. If that information is not available, then the profit and loss forecast should be based on a comparable pub in the same area and with an explanation of the basis of the figures used.

Help that is available to me through the rent review process

Your rent review statement must advise you to seek independent advice and also include information about sources of this advice. You can also request information about the rent for the pub from your landlord, who will either provide this information or, as soon as reasonably practical, provide you with the reasons why they are unable to do so.

The new rent applies from:

If the rent assessment process determines a new rent is to be paid, this change can only be applied if both you and the landlord agree. If you do agree, then the new rent is effective from the next day. If you and the landlord do not agree the new rent, then no change is made and the rent review process is considered completed once six months have passed from your initial request. 

Not happy with the rent review process

If you have concerns about your rent review process, you can find more information on the Scottish Pubs Code Adjudicator group. 

Scottish Pubs Code Adjudicator - rent assessments and review

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