The idea behind the rent discount is that the loss should be shared equally between the landlord and the tenant. The corona crisis was an ‘unforeseen circumstance’ that the parties did not take into account when they signed leases, according to the attorney general.
The temporary rent reduction should be based on the actual disadvantage suffered by the catering entrepreneur, for example due to loss of turnover due to the corona crisis. The corona support received by a company from the government can therefore also be settled in the calculation.
During the corona crisis, discussion arose in the real estate sector about whether tenants of commercial premises can claim a rental discount. Opinions were also divided on how it should be calculated.
There is no unequivocal answer to this question in case law. In a case between a property owner and a tenant of a catering establishment, the subdistrict court in Roermond therefore put questions to the Supreme Court.
Supreme Court ruling
Advice from the Attorney General to the Supreme Court is often adopted, but this is not necessary. It is not yet known when the council will rule on the case.