Coronavirus in The Netherlands: The Catering Industry Is Fighting For Who Pays The Rents

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Abstract

So, yes, they couldn’t pay any rent without any income from customers and they were not prepared for the Coronavirus outbreak.Unfortunately, the landlords see in very differently. They want to see their rent and are in a clinch right now with the tenants. Who is going to pay the rent? The tenants or the landlords?AB InBev is an international company who has also a department in The Netherlands. They are responsible for a number of beer brands. AB InBev also looks after 700 properties they rent and rent them out to catering establishments. AB InBev is the brewer of Hertog Jan and Jupiler.A spokesman of AB InBev said: “Our proposal to all landlords is that all three parties bear one-third of the costs. So we pay two-thirds of the rent to the landlord and our tenant pays us one-third of the rent. Most of the landlords agreed to the proposal. But some don’t.”Justine van Lochem, tenancy lawyer and special professor of tenancy law at the University of Groningen (as of September). Van Lochem, therefore, expects dozens of similar cases in the near future: “This is # Options happening all over in The Netherlands.”For the time being, the judges tend to side with the tenant who was forced to close rather than the landlord wants. “That will strengthen tenants in their requests for less rent,” says Van Lochem. “I can imagine that in addition to catering, shops also find it more and more interesting to start a business or provoke one by not paying more.”However, the summary proceedings have already been going on, do not give any guarantees for future cases. “The judge hearing summary proceedings do not have to follow each other,” says Van Lochem. Longer procedures will, therefore, have to be taken out in line to get an unambiguous response to the topic of who must have the largest responsibilities of the corona crisis: “First basic proceedings, then appeal and eventually even the Supreme Court. The higher it gets, the more judges will take the decision into account. In total, it may take up to three years before there is any real clarity.”So, it is not certain when what and how they’re going to pay and mainly, who is going to pay for the rent.</article></body>

The fight between tenants and landlords in the catering industry during the pandemic.

In The Netherlands tenants and landlords are arguing about who is paying for the rent. The tenants or the landlords?

The tenants in the catering industry and café industry in The Netherlands haven’t been able to pay the rent since the outbreak of the Coronavirus. They were not allowed to open their business since the 15th of March this year.

The tenants can’t pay the rent anymore due to the outbreak of the Coronavirus and they had to close for a long time. But their landlords don’t want to give them less rent then they can afford at the moment.

So, yes, they couldn’t pay any rent without any income from customers and they were not prepared for the Coronavirus outbreak.

Unfortunately, the landlords see in very differently. They want to see their rent and are in a clinch right now with the tenants. Who is going to pay the rent? The tenants or the landlords?

AB InBev is an international company who has also a department in The Netherlands. They are responsible for a number of beer brands. AB InBev also looks after 700 properties they rent and rent them out to catering establishments. AB InBev is the brewer of Hertog Jan and Jupiler.

A spokesman of AB InBev said: “Our proposal to all landlords is that all three parties bear one-third of the costs. So we pay two-thirds of the rent to the landlord and our tenant pays us one-third of the rent. Most of the landlords agreed to the proposal. But some don’t.”

Justine van Lochem, tenancy lawyer and special professor of tenancy law at the University of Groningen (as of September). Van Lochem, therefore, expects dozens of similar cases in the near future: “This is happening all over in The Netherlands.”

For the time being, the judges tend to side with the tenant who was forced to close rather than the landlord wants. “That will strengthen tenants in their requests for less rent,” says Van Lochem. “I can imagine that in addition to catering, shops also find it more and more interesting to start a business or provoke one by not paying more.”

However, the summary proceedings have already been going on, do not give any guarantees for future cases. “The judge hearing summary proceedings do not have to follow each other,” says Van Lochem. Longer procedures will, therefore, have to be taken out in line to get an unambiguous response to the topic of who must have the largest responsibilities of the corona crisis: “First basic proceedings, then appeal and eventually even the Supreme Court. The higher it gets, the more judges will take the decision into account. In total, it may take up to three years before there is any real clarity.”

So, it is not certain when what and how they’re going to pay and mainly, who is going to pay for the rent.