Rent indexation unrealistically high
Does an agreed rent indexation always apply? The District Court of The Hague ruled on 4 May 2023, ECLI:NL:RBDHA:2023:8786, that a rent indexation based on the change in the CBS CPI could not be increased. The rent increase was unrealistically high.
The rental agreement stated that the rent would be indexed annually in accordance with the commonly used indexation clause. The indexation was based on the change in the CPI of Statistics Netherlands. On this basis, the rent would be increased by 14.5% with effect from 1 January 2023. The reason for the sharp increase is that energy prices had risen very substantially as a result of the war in Ukraine.
Statistics Netherlands had meanwhile announced that it had adopted a new calculation method for rent indexation, as a result of which a lower percentage would apply from June 2023. According to the court, the fact that Statistics Netherlands would not apply the new method until June 2023 does not mean that the old method should still be used. According to the court, it is sufficiently plausible in advance that the application of the old calculation method as of 1 January 2023 has led to an excessively high, unrealistic price index figure.
The landlord’s claim to increase the rent on the basis of indexation based on the change in the CBS CPI was rejected by the court.
It follows from this ruling that an agreed rent indexation is not inviolable, despite the fact that it has been agreed in black and white.
Ludwig & Van Dam lawyers, franchise legal advice.
Do you want to respond? Then email to dolphijn@ludwigvandam.nl
![245franchisestatistiek.jpeg](https://www.ludwigvandam.nl/wp-content/uploads/2020/12/245franchisestatistiek.jpeg.jpg)
Other messages
Competition: the ‘far from my bed show’…?
If the adage 'unknown, unloved' applies to anything, it is for a subject such as competition law
Malpractice as a means of pressure: not a good idea
The starting point when entering into a franchise relationship is, of course, that the relationship benefits both the franchisor and the franchisor
Changing regulations and cooperation conditions of the Franchise Council
Most franchise organizations have a franchise council.
Entrepreneur and debt restructuring
In practice, it happens that franchisees, and sometimes also franchisors, because of the crisis
Will the real competent judge please stand up!
Franchising, especially hard franchising, is increasingly a mixed legal relationship.
The early termination of the franchise agreement
Recently, on August 27, 2008, a court in preliminary relief proceedings ruled, among other things