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
Other messages
Article Franchise+ – “Immediate information obligations of franchisors upon operation of the Franchise Act” – mr. AW Dolphijn – dated June 25, 2020
As soon as the Franchise Act enters into force, this will have an immediate effect on franchise agreements that already exist. The question is whether the information flows are set up optimally from a legal point of view.
Senate will adopt Franchise Act – dated 24 June 2020 – mr. AW Dolphin
The House of Representatives had unanimously adopted the proposal to introduce the Franchise Act on 16 June 2020
Franchise Act passed by the House of Representatives – dated 16 June 2020 – mr. AW Dolphin
The Franchise Act was adopted by the House of Representatives on 16 June 2020.
Sandd franchisees find satisfaction in nullifying Sandd and PostNL merger – dated 12 June 2020
The franchisees of mail delivery company Sandd went to court in November, assisted by Ludwig & Van Dam Advocaten. Court of Rotterdam rules on takeover by PostNL.
Plenary debate dated June 9, 2020 in the Lower House of the Franchise Act – dated June 10, 2020 – mr. AW Dolphin
On 9 June 2020, the legislative proposal for the Franchise Act was discussed in plenary in the House of Representatives. An amendment and a motion have been tabled.
Franchising is “a bottleneck in tackling healthcare fraud” – dated 10 June 2020 – mr. AW Dolphin
According to the various supervisory authorities in the healthcare sector, franchise constructions can be seen as a non-transparent business construction in which the supervision of professional and