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A landlord may not simply impose work on a leased business premises: the tenant is entitled to the peaceful enjoyment of the leased property. However, the tenant must tolerate urgent work (Article 7:220 of the Dutch Civil Code). With regard to renovation, the landlord must make a reasonable proposal.
The tenant is entitled to peaceful enjoyment
As a landlord, you must grant the tenant the undisturbed use of the business premises. Therefore, you cannot simply enforce work that disrupts that use. At the same time, maintenance, repair, or renovation may be necessary. The law strikes a balance in this regard.
The tenant must tolerate urgent work
If the work is urgent and cannot be postponed without significant disadvantage — such as necessary repairs — the tenant must tolerate it (Article 7:220 of the Dutch Civil Code). However, you must carry out the work in such a way that the nuisance remains limited, and inform the tenant in a timely manner.
Renovation: a reasonable proposal
In the case of renovation (improvement, not merely repair), the situation is different: you must make the tenant a reasonable proposal. If the tenant agrees to it, or if the proposal is reasonable, the renovation can proceed, possibly with the continuation of the tenancy. The tenant is not obliged to accept an unreasonable proposal.
Rent reduction and damage
If the works result in a reduction of the enjoyment of the property, the tenant may, under certain circumstances, claim a rent reduction or compensation, especially if there is a defect. Therefore, make clear agreements in advance and record them in writing to avoid disputes.
Frequently Asked Questions
Am I, as a landlord, allowed to enforce work?
Not just like that. The tenant has a right to peaceful enjoyment but must tolerate urgent work (Article 7:220 of the Dutch Civil Code). In the event of renovation, you must make a reasonable proposal.
What are urgent tasks?
Works, such as necessary repairs, that cannot be postponed without significant disadvantage. The tenant must tolerate these.
Is the tenant entitled to a rent reduction?
This is possible in the event of a reduction in the enjoyment of the rented property, especially in the case of a defect. Clear agreements in advance prevent disputes.
Questions about rent and work?
Our legal experts review your lease agreement and advise on works and renovations. View our tenancy lawteam or schedule a free consultation.
