Trial judges are not required to take into account the change in the tenant's turnover to find a material change justifying the removal of the rent cap on a renewed lease

Application pratique:

Under this case law, judges are not required to treat increased turnover as a material change. The landlord must instead prove external factors like a new metro station or pedestrianisation boosting local trade. Collect evidence of area improvements and avoid relying solely on turnover data.

Application pratique:

Rely on the 1996 ruling: turnover changes alone cannot force removal of the rent cap. Challenge the increase by asking the court to apply the standard indexation unless the landlord shows other qualifying changes (e.g., leasehold improvements). Gather evidence that your success stems from your own goodwill and business skills.

Application pratique:

The ruling clarifies that rent on renewal is not uncapped due to turnover changes. As a buyer, perform due diligence assuming rent will track the index only, unless you can prove a material change in local commercial factors. This limits upside but provides income stability—factor this into your valuation and financing plans.