The commercial lease exists since 1953! But today, the needs of companies mutate, and other solutions seem more appropriate: coworking, teleworking, shared offices, etc.
Trends That Oppose The 3/6/9 Lease
Today, heavy trends are marking our economy: low or no growth, uncertainty about the future, the evolution of the use economy (or collaborative economy), the standardization of new ways of working, the increasing use of geolocation and related uses, etc.
These trends are deeply opposed to the 3/6/9 lease: ownership before use, need for visibility and long-term stability, lack of flexibility, etc. We understand that the lease 3/6/9 is no longer suitable for market demands and it is time to find a new model.
Scenario 1: Change is driven by the donors, who make the lease more flexible and more accessible with a turnkey service offer. The most important landlords are reorganizing their rental stock around well-placed, multi-tenant buildings, integrating extensive services, invoiced to the post.
Scenario 2: Change is driven by tenants, who develop a logic of collaboration to pool their needs. This colocation would be facilitated by geolocation tools and the pooling of data on the use of workstations.
Scenario 3: Change is driven by third parties, such as business centers, coworking spaces or office space in DLF Cyber City-Gurgaon managed by specialized operators on behalf of companies.
The 3/6/9 lease still has certain advantages (the right to renewal and “capping” in the context of renewal) but is no longer adapted to the demand that wants more flexibility to reduce structural costs still too important to support, leaving room for new nascent actors.
What rent, and what increases?
The rent of a 3-6-9 commercial lease is capped for its entire duration. This provision does not apply to land, offices, hotels, and cinemas.
An increase can be applied every year or every three years. The increase in the rent of a commercial lease 3 6 9 depends on the reference index. It is mentioned in the lease 3 6 9, and this may be the index of commercial rents or the rent index of tertiary activities.
If the landlord makes an offer to renew the commercial lease with increased rent, the tenant can challenge the new rent amount. If the lease renewal request is made by the tenant, the rent increase is determined by the existing rent and the change in the index that was chosen at the drafting of the commercial lease.
An IT office space in Delhi may be terminated in advance outside the triennial periods in certain cases:
- If the lessor and the lessee are to agree to terminate the lease.
- If a resolute clause authorizes the lessor to terminate the commercial lease 3 6 9.
- If the lessor or the tenant is forced by justice, for non-compliance with their obligations.
If the tenant changes activity or adds an activity not provided for in Commercial Lease 3-6-9, the landlord may roll back the rent.