It is the fourth Enterprise case to go through the system and the pubco has now lost three and won one.
On this occasion the complainants attended the hearing but requested that their identity and the identity of their licensed premises not be disclosed. Representatives from Enterprise Inns appeared as respondents.
In a statement PICA-Service said that while its panel “recognised the level of support the respondents had supplied to the complainants over a period of time, it had concerns as to failures to demonstrate that the level and quality of its communication with its tenants were to the standards to be expected of them when undertaking a rent review”.
PICA-Service found that the pub company had not acted in accordance with the spirit of its Code of Practice.
An undisclosed amount of damages and costs was awarded to the tenants.
A spokesman for Enterprise said: “Whilst obviously disappointed with the outcome, we fully respect and will abide by the decision of PICA-Service. We are pleased that PICA-Service acknowledged the level of support that we had given to our publican.”
In January Bernard Brindley, the chairman of PIRRS, which currently oversees PICA-Service, told the Publican’s Morning Advertiser: “If the panel feels that the pub company could have done better, communicated better or acted quicker then they have the ability to say it did not act within the spirit of the code. And that is so valuable to the licensee.”
This latest hearing was held in London on Wednesday 26 June and was chaired by circuit Judge the Hon Trevor Barber.
The next PICA-Service hearing is due to take place on Tuesday, 16 July.