From a lessor`s point of view, such an approach is attractive because leases on a ROZ model are easy to design, easy to manage in a large real estate portfolio and easy to understand for a buyer in the event of a land sale (or the entire portfolio). And if the demand for tenants in the real estate market is strong, there is little choice for a tenant but to accept the use of these rental contracts. On 19 February 2015, the Dutch Real Estate Council (CIZ) presented the new version of its standard contract for the rental of office space and other commercial premises within the meaning of Section 7:230a of the Dutch Civil Code. The last version was released in 2003 and, according to ROZ, it was in urgent need of replacement. The new version is more transparent, complete and understandable, while the interests of landlords and tenants are more balanced. Several obstacles were removed to the tenant`s advantage. The general provisions have also been reformulated and now resemble the most recent version of the retail space model. In addition, the new model clause contains a language that applies to both situations. Where the leased property requires additional energy-saving measures to comply with any future provisions even better than The C Label, the allocation of maintenance/repair/renewal obligations between the lessor and the tenant, in accordance with Section 11 of the general provisions, requires each party to participate in the costs of these additional measures. If the landlord and tenant do not agree on who pays what part of the costs, the landlord has the right to terminate the tenancy agreement with the corresponding six-month period (!). The new model clause also addresses the situation in which the tenant has invested in energy-saving measures and how the parties must manage these measures at the end of the lease. In short, neither landlords nor tenants are engraved in the marble of the standard leases of the ROZ model, but they offer a good starting point for negotiating the lease terms.
These negotiations will be part of the legal game between the owner and the tenant, and this game will be influenced by the position of the parties in the real estate market and the scarcity/excess of real estate in this market in the Netherlands. In the wake of the COVID 19 outbreak, many companies are facing a potentially significant drop in turnover, although it is not clear when this crisis needs to be resolved.