For recording agreements between tenants and landlords, the landlord-friendly model contracts of the Council for Real Estate (ROZ) are mostly used in practice. The latest model for so-called 290-business premises (such as shops and restaurants) dates from 2012 and has recently been updated, after more than 10 years. What are the main changes?
A separate annex to the new model includes a comprehensive provision on agreeing turnover-based rent. Linking the rent to realised turnover gives tenants a bit more air in less good times and lets landlords benefit in good times. The ROZ provision helps parties make good agreements and can serve as a replacement for Article 4.
As of 1 January 2022, the Shop Hours Act has been amended, making it impossible for landlords of retail premises to unilaterally change a shop's mandatory opening hours without the tenant's express consent.
The new model now includes a provision where the exact opening hours can be filled in so that the tenant expressly agrees. There is an obligation to operate within these opening hours.
The new ROZ model provides in article 14 that the parties will enter into consultation if the tenant suffers loss because the use of the leased property and/or the enjoyment of the lease is substantially restricted as a result of generally applicable government measures (as was the case in the Corona period, for example) that are of such a nature that unaltered maintenance of the lease is contrary to reasonableness and fairness. This article also states that as long as no (other) agreements have been made, the tenant must simply continue to pay the rent.
In Corona time, tenants faced payment problems because of the closure, but at the same time they had to continue paying the rent. So now the landlord cannot suffice with just pointing out the tenant's payment obligation and will have to enter into consultations. In such a situation, a tenant cannot simply unilaterally suspend the rent in order to force a settlement with the landlord.
Article 15 of the new model contains an extensive regulation on sustainability. The starting point is now that parties make agreements on sustainability beforehand, which are attached to the tenancy agreement. The model also (already) links up with the regulation on the energy performance of the leased property (energy label).
The previous model only included a non-binding provision stating that the parties recognised the importance of sustainability and agreed to support each other in achieving joint objectives in this area.
The new model also contains an arrangement in anticipation of the coming into force of the Environment Act. To the extent that terms and/or provisions in the lease do not match or are not in line with the terms in the Environment Act, the terms and/or provisions in this lease should be interpreted in such a way that their meaning corresponds as much as possible to the meaning these terms and/or provisions had prior to the new Environment Act coming into force.
Finally, Article 17 and beyond include text proposals in case parties wish to make agreements on data provision, energy and/or water consumption, the processing of personal data and the possibility of electronically signing the lease.
Want to know more or have questions about your lease? If so, please feel free to contact one of our lawyers without any obligation. We will be happy to assist you and keep you informed of further developments!