Rental price change
Following on from earlier published articles of my hand, I will once again deal with a tenancy law issue below. The franchise agreement concluded between the franchisor and franchisee is often closely linked to a rental agreement, since the franchisor, as lessor, has often concluded a rental agreement with the franchisee as lessee. The possibility and the way in which a rent change can be realized will be discussed in more detail below. This change can relate to both a rent reduction and a rent increase.
Article 7:303 of the Dutch Civil Code shows that both the franchisee and the franchisor can claim the court to further determine the rent if it does not correspond to that of comparable commercial space locally. This rental price determination is possible if the agreement applies for a definite period of time, after the agreed term has expired. In all other cases, rents can be fixed every time when at least five years have passed since the day on which the last rent set by the parties came into effect or on which the last rent set by the court was demanded.
It is relevant that the rent determination is accompanied by advice on the further rent, since otherwise the claim for rent determination would be inadmissible. The aforementioned advice must be drawn up by an expert in the field, such as a real estate agent, a member of the commercial rent advisory committee or an industry representative. When drawing up this advice, the relevant expert will have to take into account the average of the rents of comparable commercial premises on site, which have occurred in a period of five years prior to the day on which the claim was filed.
However, the necessary costs are associated with drawing up the advice, so that having such advice drawn up should not be taken lightly. To avoid such costs, it is therefore advisable to make agreements about the further rental price in good consultation at an earlier stage.
Ludwig & Van Dam franchise attorneys, franchise legal advice
![](https://ludwigvandam.megaconcept.nl/wp-content/uploads/2020/12/232court-min-400x222.jpg)
Other messages
Interim dissolution of the franchise agreement by the franchisee in the event of loss-making operation possible?
The Court of Appeal recently rendered a judgment in a matter that is very relevant to the franchise practice.
Those who are orienting themselves as a candidate franchisee can contact the association of franchisees, the BVFN.
Those who are orienting themselves as a candidate franchisee can contact the association of franchisees, the BVFN.
mr. Strong litigates for C1000 entrepreneur with wrong prognosis
mr. Strong litigates for C1000 entrepreneur with wrong prognosis
Newsletter – The National Franchise Guide: Hospitality sector: new times, new franchise formulas?
According to data published in March 2015 by Statistics Netherlands in the Horeca Quarterly Monitor
Continue to serve (existing) customers after termination of the franchise relationship
Continue to serve (existing) customers after termination of the franchise relationship
Franchisee appeals in vain to incorrect prognosis
Franchisee appeals in vain to incorrect prognosis