Rental Law and related aspects

Leasing of property is day-to-day business. Retail premises, office premises and residential properties, everyone is dealing with lease contracts in one way or the other. Leasing of property in The Netherlands seems easy to comprehend but the Dutch Rental Act is complex because, speaking in general terms, a certain contrast exists between the freedom of contract on the one hand and different kind of degrees in the mandatory character of provisions of the Dutch Rental Act on the other.

Also in this respect, lessees and lessors of property are often confronted with different issues of rental law. The first issue is the lease contract itself. Most of the time this never leads to discussion and legal debate between lessor and lessee. But more than once there are legal issues to deal with and problems to solve. More than often Govert Kerpestein is called to assist in order to find a solution. His expert knowledge and experience in solving complicated rental law issues guarantees the best legal advice clients require.

As mentioned above, the area of rental law in The Netherlands finds itself between the notion of lessee protection and the notion of freedom of contract, which elements sometimes are conflicting. There are many grey areas in Dutch rental law, e.g. because of the fact that the lessees of office premises are less protected under the Dutch Rental Act than the lessees of retail property. The lessee of a residential property enjoys a relative strong legal protection. Which is the legal position of a lessor and a lessee of property which contains more than one feature? Dutch rental law provides no clear solution in these matters. Govert Kerpestein will find you one. Also in other areas of utilization of commercial and residential property, the development of investment strategies and risk assessments, the availabilty of a legal expert in Dutch rental law is of the utmost importance.

Govert Kerpestein has an excellent reputation in the world of real estate, development, university and post-doctoral education, members of the judiciary and the Bar. It has come to his attention that due to the rise of retail chains, competition in this specific branch of industry has increased considerably. As a result of this, lessees and lessors set course to expand their market share and to gain control of the distribution chain. Investments are geared towards obtaining benefits of scale and strengthening the control of the countervailing buying power by mergers, more far-reaching concentration and cooperation. Expansion of scale can also result in the need for larger properties which are not always available in inner cities and existing shopping centers. If available at the best locations, property costs are considerable.

Not only the high rent but also accessiblity and supply problems in existing shopping centers are often issues the retailer has to deal with. Therefore retail chains and formulas often opt for the lease of property outside existing shopping centers.

Dutch rental law has changed drastically with the introduction of the new Act in 2003. For many lessors and lessees it is still complicated to comprehend the exact application of the new Act. Therefore it is important to obtain legal advice about different aspects of a lease contract before having it signed. But also in case of problems during the term of lease or even in the case of a dispute, Govert Kerpestein is always willing to lend an ear and assist. He is well known for his expert knowlegde and experience in the retail branch. There are almost no issues or situations in the area of real estate which he has not dealt with before. As a client you take advantage of expert legal advice given without any delay and which shows insight in the retail branch and takes into account your current and future interests.

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