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17 Current trade and other payables

 

2023

2022

Trade payables

1,727

774

Rent invoiced in advance

6,929

4,934

Tenant deposits

1,441

1,197

VAT payable

4

897

Other payables

498

1,351

Balance as at 31 December

10,599

9,153

The other payables relates to other provisions (€ 0.3 million) and promotional contributions to be paid out (€ 0.2 million).

The Fund filed a court case against a tenant in Amstelveen, in which the Fund tried to recover rent in arrears. Although the
tenant did not specifically protest against earlier rent increases, during the proceedings the judge conducted an ‘ex officio’
review based on European consumer law. The court found that, based on the rent increase clause in the lease agreement, it
was unclear to the tenant which circumstances were taken in consideration for the determination of the annual rent increase.
Therefore, this clause was annulled, and the court ruled that the Fund should not have passed on any rent increase from the
start of the lease, in this case 1 July 2015.


This decision could have a material impact on all the other lease agreements related to residential units. The Fund has therefore
appealed against this judgement. The Fund filed its first procedural documents (the so-called statement of appeal) on 9
January 2024.

Several other landlords (including (most) IVBN members) are dealing with the same issue, since most of the landlords work with
contracts based on the ROZ standard model, and therefore have similar clauses. On 5 October, in a court case involving
another landlord, a judge announced that it would ask the Dutch Supreme Court in preliminary questions to clarify the matter.
The formal questions are expected in January 2024. The clarification from the Dutch Supreme Court is expected in the summer
or autumn of 2024.