Article The National Franchise Guide – “Corona discount on rent” – dated June 2, 2020 – mr. AW Dolphin
If a rental property is obliged to be closed due to corona, this may be the case
are entitled to a rent reduction, according to the court
North Netherlands.
On 27 May 2020, the District Court of the Northern Netherlands ruled that the tenant
rightly stated that closure of the leased property as a result of a
government measure may be a defect in the rented property. The tenant can
after all, not use what he rented. The law stipulates that
a defect that the tenant can in principle claim (with retroactive effect).
make a rent reduction.
The matter in question related to a situation where InBev was a tenant of
a real estate investor, and InBev sublet to a hospitality entrepreneur.
Such constructions of hiring in and out are also included
franchising relationships. InBev had offered two-thirds
of the rent for April and May, after which the catering entrepreneur
(the subtenant) the remainder of one third of these months
pay to the real estate investor. The real estate investor did not want this and
demanded full and timely rent payment in interlocutory proceedings. The court
considers that InBev rightly states that closure of the leased property is a consequence
of a government measure if a defect in the rented property is visible. Mead
given the unforeseeable circumstances, is entitled to
rent reduction. The claim for payment of the
full rent is therefore rejected. Depending on the specific
circumstances and the content of the rental agreements are also possible
Of course, other outcomes are conceivable.
Both the franchisor and the franchisee do well together
to take action against the main lessor, such as the brewery and
hospitality entrepreneur also successfully did so in this matter. Together
can they enter into consultation with the main lessor for a reasonable
to find a solution.
mr. AW Dolphijn – franchise lawyer
Ludwig & Van Dam Franchise attorneys, franchise legal advice. Want
do you want to respond? Go to dolphijn@ludwigvandam.nl
Other messages
Article De Nationale Franchise Gids – Know-how decisive for scope of application Franchise Act – dated 5 March 2020 – mr. RCWL Albers
It will have escaped the attention of few in the sector that on 10 February 2010 the legislative proposal for the Franchise Act was submitted to the House of Representatives.
Column Franchise+ – A conflict can be prevented, just communicate well – February 2020 – mr. AW Dolphin
Formula changes are a fascinating topic. It is often the subject of conflicts, but those conflicts can be avoided.
Collection fraud results in franchisor 4 years in prison and a fine of € 7 million – dated 25 February 2020 – mr. JAJ Devilee
In a highly exceptional criminal case, the court recently sentenced one of the directors of a (former) franchisor to imprisonment and a fine.
Bill Franchise Act
Legislative proposal for the Franchise Act to the House of Representatives
Article De Nationale Franchise Gids – Bankrupt because the franchisor refused to sell the franchise company – dated January 28, 2020 – mr. AW Dolphin
Can a franchisor refuse to sell a franchise business to a prospective buyer, even if it is a last resort for the franchisee?
Supermarket Newsletter – 27
Supermarket Newsletter No. 27