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 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.
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.
When are the costs of additional work to be borne by the client in the case of contract work?
In a building contract between a contractor and a principal a contract price is usually agreed upon. It often happens that the principal wishes all kinds of changes or additions to the work during the execution. This is then extra work. But are the costs of this extra work for the account of the contractor or the principal?
Temporary lease of business space: what is possible?
In real estate, there are two types of leases for business premises: lease of medium-sized business premises (think of a store or catering establishment) or the lease for other business premises (such as office space). This article explains the options for entering into a short-term lease for the different types of commercial space.
What are the rights, obligations and liabilities of contractors and principals in contracting work?
A construction assignment to a contractor is considered a contract for work. This is an agreement whereby the contractor, on the instructions of the client - outside of employment - realizes and delivers a work of material nature. The legal relationship between the client and the contractor is - unless otherwise agreed - governed by the statutory rules for contracting work.
Medium-sized business premises or other business premises: what is the difference and how do you determine which is which?
There are two different rental regimes for commercial property: rental for medium-sized business premises, such as stores and catering establishments (7:290 business premises) and other business premises (7:230a business premises). The applicable rental regime is indicated by the section of the Dutch Civil Code that applies to that rental regime. Rent for medium-sized business premises is regulated in Section 7:290 of the Dutch Civil Code and is therefore also referred to as 7:290 business premises. Section 7:230a of the Dutch Civil Code regulates the rent for other business accommodation, the so-called 7:230a business accommodation.
How does eviction protection work for a tenant when renting office space (and other business premises within the meaning of Section 7:230a of the Dutch Civil Code)?
Lease contracts for office space, storage or other business premises are often referred to as 7:230a leases. This name refers to the applicable legal provision. Tenants of these leases are entitled to eviction protection after termination of the lease.
How do I transfer a lease agreement through the right of substitution?
An entrepreneur who wants to sell his business will generally want to transfer the lease of his business premises to the buyer. This is possible by means of substitution. For mid-market business premises, such as shops, catering, collection or delivery services and craft businesses, this is regulated by law. It is a special form of a transfer of the lease agreement.
