Disappointing sales due to the corona crisis could mean that
\n the rent is halved, even if there is a partial
\n turnover-related rent.<\/p>\n
\n The judge in preliminary relief proceedings of the District Court of Amsterdam has a meaningful point
\n statement made. A catering company had concluded a franchise agreement
\n for operating a hotel business. With the owner of one
\n hotel building was leased. The tenant had since March 6
\n 2020 the rent is no longer paid, because from the beginning of March 2020 the turnover
\n had fallen dramatically due to the consequences of the
\n corona crisis. In mid-March 2020, the Dutch government has various
\n measures taken in connection with the coronavirus, with the result that the
\n company had to be partially closed to the public. The
\n The catering company has suffered a lot of damage as a result.\n<\/p>\n
\n One of the aspects that was discussed in the lawsuit in summary proceedings
\n the question was whether the tenant had to pay the entire rent arrears. The
\n the lessor already had part of the rent earlier in the tenancy agreement
\n depending on the turnover made and stated that this is sufficient for the tenant
\n is met.\n<\/p>\n
\n According to the judge in preliminary relief proceedings, the consequences of the corona crisis are not in sight
\n included in the rental agreement, not even because there is a
\n partly turnover-related rent. That revenue-related portion of the
\n rent concerns – in relation to the fixed part of the rent – a
\n relatively low amount. According to the judge in preliminary relief proceedings, the parties will do so
\n intended to dampen the consequences of turnover fluctuations, in the sense that the
\n total rent may be higher or lower depending on the realized turnover
\n fall out. However, nothing more should be considered here
\n fluctuations caused by expected and thus foreseen
\n circumstances and not to one at the time of entering into the
\n rental agreement completely unforeseeable circumstance such as the
\n corona crisis.\n<\/p>\n
\n Thus, the judge in preliminary relief proceedings ruled that from at least the second
\n a rent discount will be applied in the quarter of 2020. Now neither
\n parties can be blamed for the occurrence of the unforeseen circumstances
\n are made, the financial disadvantage is obvious for the time being
\n parties, so that the judge in preliminary relief proceedings will provisionally assume this
\n that the maximum rent discount of 50% in the proceedings on the merits will be
\n applied, in the sense that the rent payment obligation from the second
\n quarter of 2020 will be suspended at 50% until the merits are settled
\n will be decided. It will also be stipulated that the tenant meets this
\n suspension cannot derive any rights if not received within four weeks after
\n is currently instituting proceedings on the merits against the lessor. Then there will be one
\n final judgment will be formed whether the suspended amount has not been paid
\n need to be.\n<\/p>\n
\n For franchisees who are also tenants and who, as a result of the
\n facing rent arrears due to the corona crisis, a (temporary)
\n a rent reduction of 50% would be a welcome concession.\n<\/p>\n<\/p>\n
<\/p>\n
mr. AW Dolphijn \u2013 franchise lawyer\n<\/p>\n