The Danish newspaper Nordjyske has announced that Maik Kanitzky, owner of Gestut Famos where Helgstrand Germany is based, has broken the lease contract.
Nordjyske received a letter of Kanitzky's German lawyer confirming this decision and the demand for the renter to vacate the property by 31 December 2024.
Gestut Famos
Gestüt Famos was founded by Klaus Ostendorf in 2002. The 21-hectare property has 45 boxes, a EU-certified breeding station, eight grooms' quarters, three apartments, a guest house, and a main house with sauna and swimming pool.
Ostendorf's got convicted of fraud in 2012 and was declared bankrupt in 2014 with a debt of over 60 million euro. He passed away on 31 October 2018 after a long period of illness.
Gestut Famos had been for sale since 2014. In 2020 the property was listed for 9,3 million euro and moved off the market on 17 July 2020. Helgstrand Dressage purchased it and Dr. Ulf Möller became manager of the yard with his wife Eva Möller as head trainer there.
In 2023 Helgstrand's Global Equestrian Group came in troubled waters following financial struggles and company losses with financial backer Waterland seemingly withdrawing from all further investments.
In May 2024 the property sold to Maik Kanitzky, who signed a five-year lease agreement with Helgstrand, according to Nordjyske
Termination of Lease
Kanitzky has decided to terminate the lease as stipulated by a lawyer's letter on 17 December 2024.
The German entrepreneur, who made his wealth in the crane business, stated that, "despite several notices, horses are kept in boxes that were subsequently installed on behalf of general director Dr. Möller, at locations that are not permitted. Horses are exposed to darkness all day long, have poor ventilation, and fire protection is ignored."
Kanitzky further cited that the storage of hay directly next to the horse stalls is "unlawful in terms of fire protection and thus the welfare of humans and animals."
Allegations Rejected
Nordjyske interviewed Casper Cassoe, COO at Helgstrand's Global Equestrian Group, who denied all these allegations.
"We believe that the landlord's attempts to terminate us from the five-year lease agreement are invalid and unfounded," Cassoe told Nordjyske.
Kanitzky disclosed photos of hay stored from floor to ceiling in front of dark, low ceiling stalls. According to Cassoe the hay is stored in front of two quarantine boxes, which are "used in emergencies. They are arranged in a larger aisle, where there is also storage of hay/straw for daily consumption." The Helgstrand team also added that the photo was taken at night.
"We operate the place to the highest standards and receive monthly visits from German official veterinarians as well as weekly visits from our own veterinarians. Nothing has ever been pointed out that indicates that our horses are not thriving or being cared for properly," Cassoe added.
Kanitzky asked for CCTV on the propery, like in Denmark, but "this was rejected by the managing director, Ulf Möller."
No Imminent Eviction
In Germany a lessee can not be automatically evicted upon demand of the lessor.
A notice of termination in writing is only the first step of the termination of a commercial lease contract. According to the German Civil Code, a good cause may justify the termination of a commercial lease agreement. However, the lessee must be given the opportunity to remedy its misconduct or to reverse any damage that has already occurred. Landlords and tenants in Germany have all the instruments of civil proceedings at their disposal to enforce their rights, including measures of interim legal protection.
Related Links
Helgstrand Sells Gestüt Famos But Continues to Operate in Syke
Gestüt Famos, aka Helgstrand Germany, Sold to German Breeder and Investor
Changes in Trainers' Team at Helgstrand Germany: Eva Möller Free Agent, Finken Leaves