BarentsKrans acts for companies in various areas of tenancy law, involving both business space and housing. This involves matters such as defects, rent adjustments, termination of a lease or tenancy agreement and substitution. Agreements containing elements of tenancy, such as leases and franchise agreements, fall within our sphere of activity too. Our clients include housing associations, property developers, investors, retailers, franchisers, estate agents and administrators. Special expertise has been developed in the field of service station contracts.
We take a creative approach to the sometimes strict tenancy law. When doing so, our lawyers draw on various alternatives, such as short-term or temporary lease agreements, user agreements and the right of use and habitation. We regularly achieve success with the sub-district court for the approval of derogation clauses too.
A selection of the experience we have to offer follows below:
- Various proceedings relating to the (forthcoming) liquidation of V&D;
- Various proceedings relating to the rent adjustment for retail premises, acting for both property owners and major lessees;
- The proceedings that resulted in the Herenhuis ruling about a notice of termination of housing pursuant to urgent requirement for one’s own occupancy in case of renovation;
- The proceedings in which the lessees of the Spazio shopping centre in Zoetermeer were awarded a rent reduction based on serious wind nuisance;
- The leases for the cultural multi-tenant business building Bink36 in The Hague;
- The renovation of residential/shopping centre Lewenborg in Groningen where the layout of the centre changed drastically, among other things;
- Various proceedings concerning the Dutch Motor Fuels Retail Outlets (Auction) Act and auctions of petrol stations, such as the proceedings regarding De Haan Minerale Oliën/Municipality of Rotterdam about the Rotterdam auctioning system;
- Various proceedings in which the obligation of petrol station operators to purchase their products exclusively from an oil company has been nullified pursuant to competition law (Benschop/BP);
- The proceedings between the Pension Fund for the Engineering, Mechanical and Electric Contracting Sector and Toko Mitra about the waiting period for urgently required own occupancy;
- The proceedings between KPN and Tamminga about the presence of asbestos in business premises.