Landlord and tenant law is an important aspect of property law. We advise in the drafting of tenancy contracts for business spaces (business spaces “290” and “230a” in particular – referring to Sections 7:290 / 7:230(a) DCC) and residential spaces. We are also available to offer you support if your require clarification of your rights and obligations arising from your tenancy or lease contract, for example in the questions of whether there is, in the legal sense, a defect in the rented property for which the landlord is liable.
Different rules apply to the termination of a rental contract for a 230a business space, 290 business space and residential space. The termination of a rental contract is a legal minefield, especially for the landlord. There are different forms of rent protection that apply to 290 business spaces and residential spaces, while there is only eviction protection applicable to 230a business spaces.
As the tenant of a 290 business space (very roughly these can be summarised as shops, bars, restaurants, and hotels) enjoys rent protection and the tenant of a 230a business space (very roughly these can be summarised as offices and industrial buildings) does not, the question very often arises, during the process of terminating the tenancy, as to whether a specific building falls into one or the other category.
Setting the rent is a matter over which both tenant and landlord, for both residential and business space, are often of differing opinions. In principle, the parties are free to agree a rent but not in the case of the non-deregulated residential space (social housing) where the rules of the housing evaluation system (woningwaarderingsstelsel) apply. For deregulated residential space (with a base rent of EUR 710.68 or higher in 2016) there are no restrictions to the level of the rent.
For 290 business spaces, the landlord and tenant are free to agree an initial rent. There are, however, rules for any further setting of rent after the first rental period. These rules cover the procedure to be followed that should lead to a rent in line with the development of rent prices in similar business spaces in the locality.
The tenant of a 290 business space can transfer his or her business to a third party after which the purchaser takes his or her place as the tenant (right of substitution). There are, of course, cases in which the landlord objects to this and this sometimes requires a hearing at the sub-district court.
Another, not unimportant, aspect of the tenancy contract is the service charges and the settlement of service charges. Service charges are a source of debate in both residential spaces and business spaces.
Please contact one of our landlord and tenant lawyers: