Notional Rent appeals time limits

Notional Rent Appeals Time Limits

GP Surveyors examine the change to Notional Rent appeals time limits in the Premises Cost Directions 2024 and advise practices on how to proceed with their Notional Rent reviews.

In future, a practice’s notional rent notification letter (CMR6) is likely to include a 12-week deadline to accept or dispute the determination, alongside a reference to the Premises Cost Directions 2024. This refers to clause 43.3 of the new Directions. GP Surveyors’ understanding of this clause is that NHS England will continue to reimburse the practice’s previous Notional Rent (unless the determination is lower) until the practice accepts the new assessment or a challenge is concluded.

Should a practice accept or challenge after the 12-week deadline, there is a provision in the Directions that a longer period may be agreed upon between the Contractor and NHS England. The criteria required to agree upon a longer period is currently unclear.

Under the previous Directions (2004 and 2013), GP Surveyors successfully challenged the implementation of 12-week deadlines, as the policy conflicts with The National Health Service (General Medical Services Contracts) Regulations. In 2015 the NHS Litigation Authority (NHSLA) confirmed that GP practices do in fact, have three years to refer a notional rent dispute to the Secretary of State (NHSLA). As the 2024 Directions only came into effect on 10 May 2024 it is uncertain how Integrated Care Boards (ICBs) will seek to impose the 12-week deadline or if they can.

Owing to the uncertainty around the new Directions our advice is to adhere to the 12-week deadline and send your figures letters (CMR6) to a specialist healthcare surveyor as soon as you receive them. We would also advise practices to continue to seek reviews of any notional rent figures that the surgery has not formally accepted in writing.

Obtaining an independent review of your Notional Rent figures, from a specialist surveyor is still the only way to ensure GP practices are receiving a fair notional rent. Contact our team today with any queries about Notional Rent appeal time limits or to begin your Notional Rent review.