The “Double or Quits” Bet
So, you’ve rejected the Pub Company’s MRO (Market Rent Only) offer. You’re at a stalemate. The next step is appointing an Independent Assessor (IA) to set the rent for you.
It sounds fair. But here is the sting: The Assessor isn’t free.
Their fees can range from £3,000 to £10,000. And the most terrifying part? You might have to pay the whole bill.
Under the Pubs Code, the cost isn’t always split 50/50. If the Assessor decides your offer was “unreasonable” compared to the final rent, they can order you to pay the Pub Company’s share of the fees too. It’s a high-stakes game of poker. If you get the numbers wrong, you don’t just get a high rent; you get a £10,000 legal bill on top.
The IA Fee Risk Calculator
Will you pay the £10k bill? Check your risk.
Moderate Risk
Your offer is significantly lower than the PubCo’s. Unless you have rock-solid comparable evidence, the Assessor may view this as “tactical” rather than genuine.
[Inference] Estimation only. Costs vary by Assessor.
Need to boost profits to pay the rent? Try the Sunday Roast Forecaster.
The Fix: 3 Ways to Manage the Risk
1. The “Blind Faith” Approach
You just apply for an Assessor and hope they agree with you.
- Risk: Extreme. If you haven’t used comparable evidence (comps) to back your offer, you will likely lose.
2. The “Calderbank” Strategy
You make a “without prejudice save as to costs” offer. This is a tactical legal maneuver to protect yourself from paying the other side’s fees.
- Problem: Requires a solicitor to draft correctly. If you mess up the wording, it’s worthless.
3. The “MRO Tactician” (AI-Powered)
You use Pubs Code Guardian to predict the outcome before you roll the dice. The MRO Tactician feature tracks your deadlines and helps you format your rental proposal using the same evidence standards an Assessor uses.
- Strategy: You test your arguments against the AI first. If the AI says your rent offer is unrealistic based on local data, you adjust it before you trigger the Assessor.
The Winner: Pubs Code Guardian
The MRO Tactician is your safety net.
- Deadline Tracker: The window to refer to an IA is tight. Miss it by one day, and the Pub Company’s original high rent stands forever. The Tactician alerts you well in advance.
- Evidence Builder: It helps you compile the “Statement of Agreed Facts” using local data, so you look professional and prepared.
The Math: Avoiding the £10k Trap
- Scenario:
- PubCo Offer: £50k.
- Your Offer: £30k.
- Assessor Determination: £48k.
- Result: Because the Assessor’s number was much closer to the PubCo’s, they may order you to pay 100% of the £8,000 fee.
- Total Loss: Rent is still high + £8,000 cash gone.
- With Pubs Code Guardian:
- The AI warns you that £30k is too low for the area and suggests £42k based on recent comps.
- You offer £42k.
- Assessor determines £45k.
- Result: You were close. Fees are split 50/50 (or PubCo pays). You save £4,000 in fees and get a fairer rent.
Cost of Tool: £29. Risk Avoided: £4,000+.
Free Tool: The IA Fee Risk Calculator
(Developer Note: A simple slider tool. User inputs “PubCo Offer” and “My Offer”. The tool estimates the “Risk Gap” and warns if they are likely to pay costs.)
Don’t roll the dice with your livelihood.