Model residential lease renewed

The Real Estate Council published a new model residential lease agreement in August 2024. This model agreement replaces an earlier version from 2017. The reason is the entry into force of new legislation and the judicial annulment of a number of clauses from the old version.  The most important changes are discussed below. Also mentioned at the end are some points where the new model would actually fall short.

Term options

The old version offered several options regarding the term. The new version provides two more choices: fixed-term rental and indefinite-term rental. Based on the manual, a third option can also be chosen: fixed-term rental to certain target groups.

The literature criticizes the limited explanation of the choice variants, especially also for those with no legal background. A proposal is made to offer two separate model agreements and to elaborate on the (im)possibilities regarding the duration.

Penalty clauses

The new model, like the old model, gives no indication of penalty amounts, but leaves this to the parties. This is a risk, as parties may include such a high amount that it would constitute a voidable unfair term.

Suspension right

The old version included a clause authorizing the landlord to refuse entry to the leased property if the tenant had not yet fulfilled his obligations. In the new version, this has been converted into a right of suspension.

Deletion of unfair clauses

A number of clauses have been deleted because they were deemed unfair by the courts.

Model lease agreement living space renewedOptions for term

The old version offered various options regarding the term. The new version gives two more choices: fixed-term rental and indefinite-term rental. Based on the manual, a third option can also be chosen: fixed-term rental to certain target groups.

The literature criticizes the limited explanation of the choice variants, especially also for those with no legal background. A proposal is made to offer two separate model agreements and to elaborate on the (im)possibilities regarding the duration.

Profits remittance

The obligation to remit profits for failure to maintain the principal residence has been removed. Presumably after the Court of Justice of the European Union ruled that a clause may be unfair if several clauses apply to the same set of facts leading to the default. The entitlement to profit sharing has not disappeared. The Supreme Court has ruled that profit transfer can also be based on Section 6:104 of the Civil Code.

Anti-cumulation clause

A new clause has been included which stipulates that if the tenant would owe more than one penalty for one violation, only one penalty (the highest) is due.

Consumer Price Index

The clause about a replacement index if CBS's consumer price index were no longer available is invalid and deleted.

Sustainability

The new model includes an option to distinguish between utilities with and without individual meters, as well as room for individual agreements on energy performance fees. There is also an addition on the basis of which the landlord can set conditions in the field of sustainability for changes and additions.

A new clause has been included obliging the tenant to consult regarding changes or improvements in terms of making the leased property or the complex more sustainable. The tenant may refuse consent only on reasonable grounds.

In addition, in the context of fire safety and the possibility of joint installations, a prohibition on the installation of solar panels has been added for tenants. The landlord can give instructions in this regard.

Composition of household

The tenant must inform the landlord of the composition of his household. He must also cooperate with a compliance investigation.

Housing permit

The tenant is responsible for having (and keeping) the relevant permits, exemptions or permissions. The tenant must also bear the costs for this.

Prohibition of offenses

The former provision protecting the living environment has been expanded to a provision prohibiting offenses in and around the leased property in general.

Investigation of nuisance/nuisance

A new clause has been included obliging the tenant to cooperate with an investigation by the landlord in the context of a complaint about nuisance or nuisance.

Service costs and security deposit

The clause that regulated unilateral change about size of electricity, gas and water has been deleted because it can be considered an unfair clause. In addition, the new model agreement has been adjusted on the pit of charging service costs: this is now only possible in the cases of Article 7:256 BW and 7:261 BW. The same applies to the period for repayment of the deposit and the grounds for settlement of the deposit.

Processing personal data

Two processing purposes have been added: the provision of data to the municipality in the context of the Municipal Debt Assistance Act and the reporting of criminal offenses.

Service costs and security deposit

The clause that regulated unilateral change about size of electricity, gas and water has been deleted because it can be considered an unfair clause. In addition, the new model agreement has been adjusted on the pit of charging service costs: this is now only possible in the cases of Article 7:256 BW and 7:261 BW. The same applies to the period for repayment of the deposit and the grounds for settlement of the deposit.

Processing personal data

Two processing purposes have been added: provision of data to the municipality in the context of the Municipal Debt Assistance Act and the reporting of criminal offenses.

What is not (yet) regulated?

• Duty of the tenant to register at the address in the BRP.

• Duty of the tenant to deregister after renting at the address in the BRP.

• General ban on keeping pets.

• General prohibition of smoking in the leased premises.

• Termination clause to provide the leased property to a first degree relative by blood or marriage

• A general choice of law and forum clause.

Want to know more?

Do you rent residential property and want to have your contracts looked at? Or do you have another legal question? If so, feel free to contact attorney John Wolfs.