In the general conditions of ROZ model contracts for office and retail space, since the 1980s the future rental adjustment has been linked to the consumer price index (CPI). As a starting point, rents were automatically increased with inflation during the term of the contract. Including automatic rental price adjustments in (general conditions of) model contracts is contrary to Article 6 of the Competition Act because competition is then restricted through the trade organisation or business association. The ROZ may not advise its members on prices and therefore not about an automatic adjustment of the rental. Individual tenants and landlords must be able to make mutual agreements about rental price adjustments.

Choice in rental adjustment

The Dutch Real Estate Council (ROZ) has adapted its model contracts on notice from the Authority for Consumers and Markets. Several options are now offered to parties in order agree on a rental adjustment in the rental agreement. In addition to the CPI, users can now also choose from a fixed percentage or an index of their choice or opt out of an automatic rental adjustment altogether. This gives the tenant and landlord more room to freely negotiate the rental adjustment in their contract. This can benefit the business operations of both parties.

Extreme rental adjustments in 2023

The adjustment of the general confditions follows the extreme rental adjustments that took place in 2023 due to the enormous energy price increases.

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