Luff expressed fears that many tenants were not coming forward with problems they are experiencing, believing they will be able to take their complaints to the new pubs code adjudicator — which will only be available for tenants of pubcos that have 500 or more pubs.
Also, the adjudicator will only be able to hear complaints that occur after taking the role and the statutory code is in place — scheduled for the end of May.
Luff told the Publican’s Morning Advertiser: “Tenants have to know they need to get their complaints heard now. Anything that pub companies do wrong now is still covered by the existing PGB arrangements. Complaints that pre-date the new code can’t be heard by the adjudicator. If you think you’re being mistreated, don’t wait.”
He added that the future of the PGB was yet to be determined, saying it could either “change composition” or become an entirely new body once the code is in place.
“The future of the Pub Governing Body and its role will be determined following the outcome of the Government's consultation on the implementation of the new statutory regime and any transitional arrangements. It will continue to oversee PIRRS and PICAS complaints arising from disputes under the self-regulatory regime for the foreseeable future and it is worth reminding all current tenants and lessees that these bodies are the only dispute resolution mechanisms for complaints which arise ahead of the statutory regime being effected.
“We are already actively involved in discussions with Government and smaller landlord companies outside the statutory framework about the role a new Body can play going forward both as part of the adjudicator framework and on ongoing self-regulation.”
However, both Fair Pint’s Simon Clarke and Pubs Advisory Service head Chris Wright argued the reason tenants were failing to come forward with problems was because of a lack of trust in self-regulation.
Wright said: “Tenants have seen problems with the current system and don’t have a lot of faith. There’s no point saying come to us and we’ll fix the windscreen wipers if the engine is broken.”
Clarke added: “We know of a number of tenants who have gone through the process and have been, at best, disappointed with the outcome, even when they apparently ‘won’.”