business space

Termination of lease agreement unmanned Tamoil station annulled

Luifel Tamoil
De crux in deze kwestie is dat het onbemande station wettelijk gezien een bedrijfsruimte is.

The owner of a plot of land in Friesland where Tamoil operates an unmanned filling station went wrong in terminating the lease agreement, according to the court in Leeuwarden.

In 1996, Tamoil’s legal predecessor gave the plot owner’s legal predecessor a money loan to build a petrol station, which was then leased back from the plot owner by the operator. In late 2014, the parties agreed that the lease would be renewed for five years at a time starting in 2025. Termination would only be possible with good reasons and subject to the notice period. And if the termination was not done as agreed, the lease deal would be extended for another five years.

Full eviction

The owner of the plot, referred to in the ruling only as X, terminated the lease in September 2023. This included notice that Tamoil had to completely vacate the filling station by 31 December 2024. However, Tamoil did not agree to the termination, whereupon X went to court to get his way.

The crux of this story is that, according to Tamoil, the lease is of business premises. When terminating the lease, the grounds for doing so must then be stated. However, the letter X sent to Tamoil did not state any grounds for termination. And because the court agreed with Tamoil that the premises in question were business premises, it declared the lease termination null and void.

This article was automatically translated from the Dutch language original to English.

Author: Vincent Krabbendam

Source: MobilityEnergy.com

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