Casco rental and flue gas exhaust duct: Who pays?

Questioner

This concerns the shell rent of a shop. Due to the intended replacement of the VR heating boiler by a HR boiler, the flue gas exhaust duct will have to be replaced. The building is located on the ground floor with 2 residential floors above. As of 2015, the sale of VR boilers is no longer permitted. Who is now responsible for the costs of replacing the flue gas exhaust duct, the tenant or the landlord?

Lawyer

If this is not apparent from the lease, these costs will in principle be borne by the tenant, since it concerns a shell lease. You can stipulate that at the end of the lease there will be compensation for the facilities installed if they may not or cannot be removed.

Questioner

In the General Terms and Conditions for the rental of Commercial Premises that are part of the rental agreement, the definition for Rental as Shell states that this is understood to mean: 'The rental of the (foundations, exterior walls, etc.) ........ sewers and other drainage pipes belonging to the commercial premises, unless these items have been installed by or on behalf of the tenant or his predecessor(s).' Drain pipes can (in my opinion) be explained as water drainage from a washbasin in a toilet, but also as flue gas discharge. The flue gas discharge channel passes, in vertical direction to the roof, 2 homes that have the same landlord. The channel will (in my opinion) have been installed by the owner/landlord at some point during the construction or renovation of the building. It also seems unlikely to me that a tenant would obtain permission from a landlord to install a vertical channel that causes major inconvenience in 2 occupied homes. Based on this information, isn't it more than likely that the flue gas exhaust duct is part of the rented shell and that 'other exhaust ducts' also refers to this duct? Your answer is important for the correct legal approach of the landlord for the replacement of the channel. Bvd

Lawyer

From your explanation I gather that the rental of a shell also includes exhaust pipes. If the flue gas exhaust duct is part of the exhaust pipes, then this falls under the rental of a shell and the landlord must take care of it. In my opinion this is the case. Your reasoning regarding the landlord's permission for the installation of a vertical duct is correct. The duct must therefore be at the landlord's expense.