Rent adjustments - commercial premises

Commercial premises – Article 7:303 Dutch Civil Code

Rents for commercial premises may be adjusted (apart from indexation). To determine which rules apply, it must first be established whether the premises qualify as “290 premises” (based on article 7:290 Civil Code, including retail and hospitality businesses) or “230a premises” (based on article 7:230a Civil Code, including offices). Below you can read more about rent adjustments for commercial premises.

290 premises

In the case of “290 premises”, the law provides in article 7:303 Civil Code that the rent may be submitted to the court for review by either the tenant or the landlord.

If the tenancy agreement is for a fixed term, this is possible after the expiry of the agreed period. In all other cases, a review may be requested each time five years have elapsed since the date on which the last rent agreed by the parties came into effect, or the date on which the last court-determined rent was claimed.

The court will only assess the request substantively if it is accompanied by an expert report on the proposed rent adjustment. In its assessment, the court will consider the average of the rents in the past five years of comparable commercial premises in the surrounding area.

230a premises

In the case of “230a premises”, the law does not contain specific provisions regarding rent adjustments. In principle, the parties are therefore bound by the agreed rent, and the court will generally follow that agreement.

However, this does not mean that a rent adjustment can never be requested. A rent reduction may be claimed on the basis of general statutory provisions, for example if there is a defect in the premises. Conversely, a landlord may seek a rent increase if improvements have been made to the commercial premises.

Do you have a question about rent adjustments for commercial premises? Or do you have another legal question? Please feel free to contact us. We will be happy to assist you.