Retrospective 2019 and developments for retailers on rental and real estate

Where in previous years discussions arose between, for example, V&D and landlords, it is now Hudson's Bay's turn. Does it now have to continue to operate the stores or is it allowed to leave the stores vacant as long as rent is paid? The question of whether a tenant is bound to continue operating is not yet a foregone conclusion. For example, the Amsterdam Court of Appeal recently ruled that Hudson's Bay was obliged to operate. The District Court of The Hague thought otherwise in another case: Hudson's Bay was not obliged to operate.

It shows once again that in rental law the circumstances of the specific case matter enormously and that it is important to properly put the interests of the landlord/tenant in the foreground. Also, take a good look at what exactly you have agreed in your lease?

Then immediately look at the rental regime that applies. Sometimes a different rental regime is applicable than initially estimated. For example, it recently appeared that the Court of Dordrecht even considered parking subscriptions to be rental agreements. That seems an oddity, but still. Important is and remains the question of which rental regime applies. Storage space, for example, turned out to have more rent protection after all, than initially thought. And perhaps there is a shop-in-shop?

• Storage space and still rent protection is it possible?
• Shop-in-shops different rental regimes apply

We are curious to know how it will go for the HEMA stores that are being acquired by Jumbo? Will that be a full rental decommissioning? Can that be done just like that? Is that zoning allowed and do the leases allow it?

Or will the property first be acquired by HEMA or Jumbo so that negotiations with the landlord about the change to be made do not have to be conducted? That just might be, because last year it turned out that in some cases HEMA included a right of first refusal to buy in the leases. Wondering if the right of first refusal can be invoked in those new cases.

• Right of first refusal to buy: how broadly can you interpret it?

In short: from a tenancy law perspective, the Retail landscape will be sufficiently in flux. This does not even take into account renovations, sustainability and the influence of European law directives. Enough in any case to provide you with useful information in 2020!