Is the tenant or landlord responsible for the central heating pipe under the floor?

Questioner

Is the tenant or landlord responsible for the central heating pipe under the floor? We are a charity foundation, rent a space and operate a restaurant there. In better times, profits go to charity. Now there is a leak under the floor of a pipe of our central heating boiler. Landlord says that this is our problem, according to the lease. We rent a shell with general terms and conditions of the retail space lease agreement, October 2012: https://roz.nl/roz-modellen/winkelruimte/algemene-bepalingen-winkelruimte-2012.pdf Is he right or can we really blame this on him? Can you help us?

Lawyer

Yes, that is possible. Rental agreements for retail spaces or commercial premises deviate from the normal rental law for residential premises. In the latter case, the landlord would certainly have to bear the costs and he is liable for damage, but the commercial rental law may deviate from this. The latest version of ROZ assumes a shell rental, i.e. bare commercial space without installation, but the one from 2012 is different and, moreover, the parties may deviate, also verbally, preferably in writing (I do not know whether provisions have been crossed out in your contract or whether additions apply?). Also consider the defects scheme, because it is always possible that a property has been rented to you that now appears to have a defect in the piping.