ROZ publishes new rental models retail space, office space and residential space

In mid-April, the Real Estate Council (ROZ) published an update of its existing models, which are widely used in the sector, and associated general provisions for the retail, office and residential property models.

The changes made do not involve a complete revision of the aforementioned models. In the models the provisions on VAT treatment of service costs and utilities have been changed, about which we recently informed you.

In addition, changes have also been made in the model regarding the lease of residential premises to the clause providing for rent increases, due to the Supreme Court ruling of November 29, 2024. In it, the Supreme Court ruled that a rent modification clause providing for a 3% annual increase is generally not an unfair clause.

Article 5.2 to Article 5.5 of the lease has been inserted and deals with rent adjustment for residential property with a rent in the higher end. Article 16 of the general provisions has also been amended in this regard.
Users of the ROZ model living space are advised to read the manual on this subject carefully as well.

Rent indexation options in the retail and office space models have also been expanded, following directions from the Authority for Consumer & Market (ACM). In addition to annual rent increases based on the consumer price index (CPI), parties can also choose the service price index commercial services (DPI), the producer price index food (PPI) or another index.

These options give tenants and landlords more room to negotiate the method of rent adjustment. The chosen indexation ground should be explicitly stated by the parties in the model agreement, whereby it is relevant for landlords to also include that the rent adjustment cannot lead to a rent reduction.

Conclusion

In essence, the amendments are intended to bring the ROZ models in line with existing legislation and recent case law. Although the substantive changes are limited, when using the updated models it is important to carefully check how they should be applied in practice.

Advice

Do you have questions about the above developments or do you have other legal questions about tenancy law? Our specialized lawyers will be happy to assist you. Please contact one of our attorneys by email, phone or fill out the contact form for a no-obligation initial consultation. We are happy to think along with you.