If a landlord or tenant believes that the rent for their commercial premises, such as a shop or restaurant, is no longer in line with comparable premises in the area, they can request that the court determine the rent.
This is regulated by Article 7:303 of the Dutch Civil Code and applies specifically to small business premises. A claim for a further rent determination can be made at the end of the agreed lease term or after five years have passed since the previous review.
The claim must be accompanied by expert advice. The starting point is that the parties jointly appoint one or more experts. If they cannot agree, the court will appoint an expert. The expert(s) must compile a report on rental prices for comparable commercial premises in the area over a five-year period prior to the claim being filed.
If the court adjusts the rent, the adjusted rent will, in principle, take effect on the date on which the rent review was requested by the tenant or landlord. A rent review procedure may result in an increase or reduction in rent.
Are you a tenant or landlord of commercial premises considering a rent review? Our rental law attorneys will guide you through every step of the process.
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