Leasing and letting business premises

Tenancy law concerns the rights and the duties of the lessor as well as the lessee. In this case it therefore concerns the leasing of business premises in exchange for consideration, usually a financial amount. A common misunderstanding is that an agricultural tenancy (in Dutch: pacht) would be the same as a lease for, for example, a hotel, restaurant or cafe establishments. However, agricultural tenancies only concern the use of detached land or a farmstead for commercial agriculture, while a lease covers far more situations. In case of leasing business premises a distinction must be made between retail space and other business premises. This distinction has major consequences for options when terminating the lease and for the protection of the lessee. If you are unsure what your business premises fall under, please contact AK Advocaten so that we can clarify this for you.

Retail space

Retail space (including the 290-business premises) is property to which the public has access and where products or services are offered. This can, for example, concern a shop, a restaurant, a hotel or a camping site. A lease for retail space can be terminated by mutual consent. If there is no mutual consent, matters are different from, for example, leasing or letting a dwelling. The lessee of the business premises has, in principle, ten years of assured tenancy rights, usually split into periods of five years. The lessee can terminate the lease after five years, but the lessor can only terminate the lease through the court if the lessee has not behaved as a proper lessee, or if the lessor personally requires the property for a longer period. The notice period is at least one year prior to the expiry of the lease period. After ten years, there are more options for termination for the lessor. Due to these long periods, it is possible to arrange substitution, which means that a new lessee replaces the lessee, who had originally entered into the lease, at the time of the sale of the original lessee’s company. If you would like more information about the leasing of retail space and any problems which can arise hereby, the termination of the lease and/or substitution, then AK Advocaten is the right firm for you.

Other business premises

Other business premises (including the 230a-business premises) comprise of every constructed immovable property which is not retail space or a dwelling, for example office space, factory space or a warehouse. The lease period is free and parties can agree to a fixed or indefinite period of time. It is advisable to consult AK Advocaten for advice regarding the pros and cons which are attached to this choice. The only protection which this lessee enjoys after a legally valid termination of the lease is protection against eviction. This means that the lessee cannot be forced to vacate the leased property during the two months following receipt of the notice of eviction. During those two months, the lessee can apply to the court for an extension of the period. If the lessee does this, he or she does not have to vacate the premises as long as the court has not yet decided the case. The court will weigh up the interests of the lessor and the lessee and can extend the notice period three times by one year. It is therefore important to be assisted by a specialist so that your interests are properly represented. The property specialists of AK Advocaten have a wealth of experience in this field. They can also act as mediator so that court proceedings can be avoided. Please contact us. Property Law