Frequently asked questions and answers
How will I receive the strategic advice?
We will proactively send you an email with advice. The advice will include a summary of the lease data and our perspective on the revision and market rent. If you have any questions about it, we would be happy to explain our advice to you over the phone.
How far in advance will I receive an alert?
Depending on the timing, you will receive one or more alerts. We send these well in advance of the expiration date so that you have enough time to devise a smart strategy. For an approaching termination date or break option, we start reminding you 3 months in advance. For an approaching revision moment, we begin this process 6 months in advance.
"I am a small retailer. Is the ‘”Rental Price Guard Dog” suitable for me?
Absolutely! We believe it's crucial that both small and large retailers can turn to us. Especially as a small retailer, your lease terms can make or break your business
Can I turn to you with questions? Are there any additional costs associated with that?
For small questions, you can always contact us without any obligation; it's part of our service. Do you have a specific issue we can assist you with? In that case, we will prepare a quote for you.
Are you truly independent?
We are here for you and you alone. We do not receive commissions and have no agreements with third parties.
What if the alerts end up in my spam folder?
We always send a test alert first. We then give you a quick call to verify if this email has been received.
I believe the rent for the retail space I've leased is too high, what can I do about it?
If you believe that you are paying a rent that is no longer in proportion, we can investigate this for you. We will then determine the rental value for revision in accordance with the provisions of Article 7:303 of the Civil Code. We map out the rental value for revision by conducting a thorough investigation of rental prices for similar retail spaces in the area. Our years of experience in this field and our extensive database allow us to provide you with precise advice regarding the rent for your shop.
Can I have the rental price of my shop adjusted at any time?
No, this is only possible once the initial rental term in the lease agreement has expired. For example, if the lease agreement commenced on January 1, 2000, for a period of 10 years and then continues for an option period of 5 years, the rental price can be adjusted for the first time on January 1, 2010, and subsequently at any time when there is a reason to do so. From the moment the rental price is adjusted, it cannot be adjusted again for the next 5 years (outside of the annual indexing). After these 5 years, both the tenant and the landlord are free to adjust the rental price once again.
Are there any other ways to adjust my rental price?
In addition to the legal provisions that apply to adjusting a rental price, we increasingly achieve results for you as a tenant in good consultation with an owner. Of course, this depends on certain factors such as the rental price level, the duration of the lease agreement, and not to forget the location where you are established. The retail landscape is changing rapidly, so the possibilities in a high vacancy rate shopping street are much greater than in a prime shopping street with no vacancies.
What is the difference between the revised rental value and market rental value of a retail space?
When determining the revised value of a retail space, the paid rental prices of comparable retail spaces in the immediate vicinity are taken into account. This is based on the average of the paid rental prices over the past five years. The market rental value is the rent for a property that can be achieved in the market at the time of measurement, assuming optimal marketing and leasing to the highest bidding party.
Can a landlord terminate the lease agreement for my shop without cause?
Very limited, and this is legally stipulated. A landlord can terminate a lease agreement if they have a compelling reason to do so. This may be due to 'urgent own use' or 'renovation.' Additionally, it is possible to terminate the lease agreement if a tenant fails to fulfill their obligations (financially), acts as a poor custodian of the property, or goes bankrupt. Only based on these points can the landlord terminate the lease agreement. Especially in the case of terminations due to urgent own use and renovation, it is important to consult an expert; you have more rights than you may think.
"Do I need to create a new lease agreement if the retail space I rent is sold to a new landlord?
Purchase does not terminate the lease, so there is no need to create a new lease agreement. All rights and obligations that a landlord has towards their tenant automatically transfer to the buyer when real estate is purchased. Changes in the name, bank account, and VAT numbers can be communicated orally or by mail.
Is the landlord obligated to cooperate with a subletting arrangement?
In the case of a subletting arrangement, the tenant will no longer lease the retail space and will independently seek a new tenant who wishes to continue the lease agreement. In principle, the landlord is obligated to cooperate with this, unless they have a valid reason to refuse. This is the case, for example, when the landlord can demonstrate that the new tenant cannot meet the financial obligations.
Is the landlord obligated to cooperate with a subletting arrangement?
In the case of a subletting arrangement, the tenant will no longer lease the retail space and will independently seek a new tenant who wishes to continue the lease agreement. In principle, the landlord is obligated to cooperate with this, unless they have a valid reason to refuse. This is the case, for example, when the landlord can demonstrate that the new tenant cannot meet the financial obligations
At what moment can I terminate my lease agreement?
This can be done at the end of the lease term, taking into account the specified lease period. However, please note that if there is no mention of the renewal term, often after 2 x 5 years, the lease agreement will continue indefinitely. This means that the lease agreement can be terminated at the end of a payment term. For example, if you pay on a monthly basis, you can terminate it on the last day of each month.
What can I do in case of defects in the rented property?
Depending on what is stipulated in your lease agreement, your options may vary. Within the legislation, certain provisions are made in case of defects; however, the standard ROZ model often excludes certain aspects. In any case, it is advisable to stay vigilant with the average landlord. Also, document everything in writing, including agreements for repairs. When dealing with older properties, be aware of asbestos; we frequently come across lease agreements in which tenants have unwittingly agreed to bear the consequences of potential asbestos presence. It is advisable, at the start of a lease agreement, not only to focus on primary lease conditions (rent/term) but also on the secondary ones. The latter category pertains to agreements during the lease term, including those related to potential defects.Het is raadzaam om bij aanvang van een huurovereenkomst niet alleen te focussen op de primaire huurvoorwaarden (huurprijs/looptijd), maar ook de secundaire. De laatste categorie is gericht op de afspraken gedurende de looptijd, bijvoorbeeld ook ten aanzien van mogelijke gebreken.