ECLI:NL:RBAMS:2021:6830
ECLI:NL:RBAMS:2021:6830
AI generated
Court rules tenant must use expert commission's usage definition for rent adjustment under lease terms.
Legislator summary
AI generatedThe court ruled that the contractual usage definition of the premises as a tourist attraction must be strictly followed during rent adjustments. While the plaintiff's claim for a specific usage change was dismissed due to lack of expert agreement, the defendant was ordered to adhere to the expert commission's established usage principles. Consequently, the court awarded the plaintiff's procedural costs and rejected the defendant's counterclaim for penalties.
Legislator headnote
AI generatedArticle 7:230a BW; Article 10 of the Lease Agreement: The court established that when a lease specifies a particular usage purpose, the expert commission's determination of that usage must govern subsequent rent adjustments, preventing unilateral changes by either party.
Keywords
AI generated
commercial lease agreement
rent adjustment mechanism
contractual usage purpose
expert commission determination
tourist attraction premises
lease renewal terms
procedural costs allocation
Cited Legislation
AI generatedArticle 7:230a Civil Code (BW)
Article 10 of the Lease Agreement
artikel 7:230a Burgerlijk Wetboek
artikel 7:290 BW
art. 7:230a BW
artikel 7:230a BW
Cited Case Law
AI generatedECLI:NL:HR:2007:BA3516
de publiekrechtelijke rechtspersoon WATERSCHAP REGGE EN DINKEL, gevestigd te Almelo, 2.
ECLI:NL:HR:2012:BV7828
Dutch Supreme Court dismisses insurance claimant's appeal on misused litigation grounds requiring high certainty of misconduct.
ECLI:NL:HR:1985:AC9063
Dutch Supreme Court dismisses tenant's appeal on commercial rent review, upholding lower court's valuation.
Related Decisions
AI generatedECLI:NL:RBMNE:2018:1436
Landlord wins lease termination and rent adjustment; tenant's expert report rejected due to lack of evidence.
ECLI:NL:RBAMS:2020:1859
Court sets rent based on expert report despite indexation clause, rejecting lower price claim.
ECLI:NL:RBAMS:2014:6896
Court allows rent increase for combined commercial space after expert deemed wall removal valid. Bestseller wins rent adjustment against Eurosan based on unified property assessment.
ECLI:NL:RBROT:2020:3465
Court appoints expert for rent review under Dutch Civil Code after parties fail to agree.
ECLI:NL:RBMNE:2020:3455
Court rules shop-apartment is dependent housing under 290-tenancy regime, rejecting split contract claim.