Legal rent review valuation (Section 303)

Legal rent review valuation (Section 303)

Renting a hotel is subject to specific rental legislation, namely the retail rent regime, often referred to as ‘shop rental’ legislation (Section 7:290 et seq. of the Dutch Civil Code). The rental/letting of hotels must also be conducted under this rent regime. It is important for tenants and landlords of hotels to mirror the rent on the rents of other, comparable hotels. The rents of comparable hotels are also called the reference rents, which are the benchmark for ensuring that the current rents are correct. The specialists of Invast Hotels can determine the actual rent for your hotel, based on its situation.

Section 7:303 of the Dutch Civil Code gives both investors and tenants the legal option of a rent review. This can mean a significant reduction or increase in the rent for landlords and hoteliers. In principle, a request for adjustment of the rent can only be made after the first rent period has expired. Subsequently, at least five years must have passed since the last rent adjustment.

Reference projects legal rent reviews

The rent review is based on comparing the rental value of the relevant property with several reference properties. The rental values of these reference properties over the past five years are factored in the moment the hotelier files a review order. Although the rent is often related to the turnover of a hotel, a rent review does not take into account the operating results of the hotel. The process is based on a mere comparison with the rental values of reference properties. Invast Hotels has many reference data available, especially in Amsterdam and other major cities in the Netherlands.

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