V & D must pay full rent to Mondia Investments – Financieele Dagblad (Registration)

Mondia Investments, the landlord of the V & D building in Hengelo, is entitled to the full rent. That the Court in Enschede Thursday determined.

V & D in February reached an agreement with the majority of its landlords to rent for the period February to July to reduce by more than half. This measure was, according to the department needed to avoid bankruptcy. A small number of landlords did not agree to these agreements, including Mondia.

Verdict

The rent arrears of V & D to Mondia is expected to increase to € 150,000. “Of course, that amount is not proportional to the damage V & D could be suffering,” as the district judge wrote in the judgment. “But how sad a thing for V & D may be, that breaks no right of a landlord at the agreed price.” Mondia therefore do not agree with the unilateral rent reduction.

V & D finds that landlords have a moral obligation to accept the temporary rent reduction. The lawsuit will see the department store as an abuse of the law. The Subdistrict contradicts this. “The right to go to court should not give way to economic considerations.”

Legal chaos

If the unilateral rent reduction is permitted, then threatens” legal chaos, “warns the magistrate. Because if V & D may lower the price, this is a license for other commercial and private tenants who are also on the edge of the abyss. “This very undesirable situation and should be avoided.”