Leasing law and agricultural leasing
Leasing law is constantly changing. Our extensive leasing law experience and our cutting-edge insider knowledge of the dynamic Dutch leasing market puts us in a position to assist clients seeking to stay on top of recent developments.
One of the developments is the increasing pandemic-related need for flexible working arrangements. This has led to a rising demand for contractual flexibility and for the temporary or permanent repurposing of leased premises.
The sustainability challenge is another significant development that will have major consequences for leasing. This includes the increasing use of sustainable methods of heating and cooling buildings, including thermal energy storage (TES) systems and heat networks. Another consequence is that energy-saving measures will be needed to comply with the Climate Accord. For example, starting 1 January 2023, offices will be required to meet the standards for Energy Label C. Failing to do so will mean the building can no longer be used as commercial office space.
These sustainability challenges and innovations may clash with existing regulations or agreements or both. Moreover, these innovations may also affect other areas of law, including energy law, environmental law, administrative law, property rights and construction law – all areas of law in which we have in-house expertise.
Our leasing law specialists regularly assist investors and entrepreneurs with real estate transactions, including sale and leasebacks. Our team has the necessary expertise not just in real estate law, but also in public law aspects like environmental law. We draw up the purchase agreements and lease agreements (triple net) and, if required, supervise the legal negotiations. We put together the right multi-disciplinary team for each transaction.
We also have years of experience with the law relating to the leasing of agricultural land. This is a special type of lease called pacht in Dutch. We advise on the agricultural leases themselves, on prices and on the preferential rights of tenants. Where appropriate, we handle the correspondence with the Land Boards (Grondkamers). In an agricultural leasing dispute, Van der Feltz advises and litigates on behalf of its clients at every level, including the Supreme Court.
Leasing law in general
Naturally, we are also fully available to assist with all questions relating to leasing. We advise on the entry into the lease, on discussions that might arise during the term of a lease (including defects and renovations) and on terminating the lease. We also have specific experience and expertise dealing with issues that touch on both leasing law and construction law, such as defects in newly delivered rental space, climate installations and foundation problems.
Examples of our experience:
- Advising on TES systems in project developments (this matter touching on the relationship between leasing law and the Heat Network Act);
- Advising on the consequences of Covid-19 on current leases (rent reductions, operation obligations, premature termination, turnover-related rent);
- Litigating for a lessor in a case concerning the collapse of a supermarket roof;
- Advising an organisation on terminating the lease for a GSM installation (because of health-related concerns);
- Assisting with the preparation of leases for international parties entering the Dutch leasing market, including construction contracts for fitting-out work;
- Advising on the Energy Label C standard to be introduced for offices on 1 January 2023 and the accompanying renovation regulations;
- Advising a project developer on the mixed-use development of a major landmark in the Netherlands and representing that party in court in various landlord-tenant disputes;
- Supervising real estate transactions, including sale-and-leaseback transactions and the drafting of purchase agreements and (triple net) leases, for distribution centres, warehouses, data centres, hotels, retail premises, etc.
Susanne van de Pest
T +31 70 31 31 051
M +31 6 29 55 77 60