Step-by-step plan: getting started with chair rental

When renting out chairs, you enter into a partnership with chair renters. For example, hairdressers or beauticians. Check your employment relationship in advance and discuss with the chair renters whether they will be working as self-employed professionals, zzp'ers. You and the chair renters must prevent false self-employment.

If you draw up a rental agreement or lease, you will need to take into account laws for business space rental. You include those in your agreement.

Rent protection

When subletting, the rental period can be longer or shorter than 2 years. If you agree with the tenant on a period of up to 2 years, the lease will end automatically at the end of that agreed period. Do you agree a rental period longer than 2 years, or did it last longer than 2 years? Then the tenant is entitled to rent protection (huurbescherming). This means that you may not simply terminate the tenancy. You may terminate the tenancy after 5 years or after 10 years.

You are only allowed to terminate the lease early if:

• the tenant does not follow the rules of conduct (this is a standard clause in rental agreements)
• your business premises is being vacated
• you have an important reason, such as a mandatory renovation order from the municipality
• your tenant refuses a reasonable offer for a new rental agreement
• the zoning plan changes
• your interests outweigh those of the tenant, for example, your financial interests

Subletting

Are you renting the business premises in which you provide a chair for rent? That means you are subletting. This usually requires written permission from the landlord of your commercial premises. Check what you have agreed in your lease agreement.

In the case of subletting, the tenant is entitled to rent protection if the chair is rented for more than 2 years.

The sublease agreement with the chair renter has nothing to do with the lease agreement with the landlord of your commercial premises. It may therefore be wise to agree on an end date for the chair rental that is earlier than the end date of the lease agreement for the commercial premises. Would you like to know which rules apply in your situation? Contact a legal advisor.

Draw up a cooperation agreement with the chair renter. The cooperation agreement contains agreements on:

• access to the space
• opening hours
• (joint) purchasing
• product sales
• cleaning fees
• insurances
• use of computer and equipment for digital payments

With a linking agreement you connect the rental agreement and the cooperation agreement. This means that the termination of one agreement automatically leads to the termination of the other. The rental agreement is leading in this. For example, has the lease period lasted longer than 2 years? In that case, the tenant has rent protection and you cannot simply terminate the rental agreement.

The rental price of the chair depends on the annual operating costs of your business premises. If you rent the premises, you can calculate the rent per m2. You then add the costs for water, gas, electricity, or other energy consumption. You can apply a fixed amount per day or half-day for this.

When you start with chair rental, it is important to think about insurance. For example, insurance against damage to products or in case of legal disputes. Insurance is not mandatory, but it is sensible.

Read more about arranging business insurances.