Supreme Court rules again on calculation method for rent reduction due to coronavirus for commercial leases
On 4 July 2025, the Supreme Court issued another ruling on the calculation method for rent reductions for commercial premises due to COVID-19. The Supreme Court ruled that, depending on the circumstances of the case, the court may choose which method to use to calculate the rent reduction in a specific case.
A tenant’s obligation to operate business premises: legal obligation or bargaining point?
When renting business premises, not only the amount of the rent and the duration of the contract play an important role, but also whether the lessee is obliged to actually operate the leased business premises. This so-called obligation to operate can have far-reaching consequences for both the landlord and the tenant of the business space. What exactly does this obligation entail, and under what circumstances can it be enforced or called into question?
Preliminary questions Supreme Court: Rent price change clause
On November 29, 2024, the Supreme Court gave a preliminary ruling on a rent modification clause in rental agreements with consumers. The Supreme Court answered the question of whether in the liberalized rental sector a rent modification clause with a surcharge of up to 3% (storage clause) in addition to an indexation clause is unfair.
What are the options and points of attention when subletting business space?
For tenants of business premises, it may make sense to (partially) sublet the leased business premises. The tenant then also becomes a sublessee. Is this allowed?
What possibilities are there for (interim) adjustment of the rent of medium-sized business premises
Leases for shops, catering establishments, takeaway or delivery services and crafts businesses are called medium business premises leases. Specific legal provisions apply to these types of leases, the basic principle being a high degree of protection for the tenant. One of these rules concerns the legal system of rent adjustment. This article explains which possibilities there are to adjust the rent of medium-sized business premises outside the statutory system.
Temporary law on transparency turboliquidation
The Temporary Act on Transparency Turboliquidation came into force on 15 November 2023. The consequences of this law and the additional conditions that must be met have been written about before (see, for example, the article from 22 March 2023). Despite the increased requirements, turbo liquidation is still a good tool for winding up companies with no operations and assets after 15 November 2023.
Indexation of rent by 14.5% in 2023 not unreasonable
Many lessees of commercial space faced indexation of the rent according to the consumer price index (CPI) by a percentage of 14.5% in 2023. Several tenants of commercial space disagreed, and there have since been court cases about this. From the court rulings, the view emerges that indexation of the rent in 2023 by 14.5% is not unreasonable.
How does rent protection work for tenants of medium business space when terminating the lease?
There are two different lease regimes for the lease of business space: lease for medium business space, such as stores and catering establishments (7:290 business space) and other business space (7:230a business space). This article discusses rent protection for tenants of middle business space, such as stores, catering and crafts (7:290 business space) .
How does rent protection work for tenants of medium-sized business premises upon termination of the lease?
This article discusses rent protection for tenants of middle business space, such as stores, catering and crafts (7:290 business space) . The rules that apply here assume a broad degree of protection for the tenant. This is because it is important for the tenant to be able to build up a business and generate income and goodwill.
New ROZ model Huurvereenkomst Winkelruimte en andere bedrijfsruimte in de zin van Artikel 7:290 BW (Dutch Civil Code): the changes and focal points in outline
In December 2022, the Real Estate Council ("ROZ") adopted a new model for the lease of retail space. This article first discusses the use of the ROZ model Huurvereenkomst Winkelruimte. Then some changes and additions compared to the ROZ model retail space from 2012 are mentioned and then explained. Finally, a number of points of interest follow.
