Tenant and maintenance: who pays what?

Questioner

I have had a shop for 12 years. Over the years, the central heating boiler has always been maintained by an installer. The boiler has also been completely replaced once. This was all arranged free of charge by the landlord. Now last year I had a problem with an expansion vessel that had to be replaced. Because everything had always been arranged free of charge by the landlord, I assumed that this would happen again. However, I received a bill. I then contacted the landlord and after much deliberation he was prepared to pay half. Because I did not want to cause bad blood, I just paid my share. Now I had an annual inspection last week and again I was presented with the bill. Now I have read the general terms and conditions and I do not see anything about a central heating boiler. The landlord claims that it is there and in order: quote from the email from the landlord to me: In the appendix you will find article 9 of the applicable “General Provisions Lease Agreement for Retail Space and Other Business Spaces pursuant to article 7A:1624BW”. This states what is for the account of the landlord and what is for the account of the tenant, in particular articles 9.2.1 sub g and 9.7 provide for this. The fact that you were never mistakenly charged for the maintenance costs of the central heating system until last year was a stroke of luck for you, but of course does not release you from your obligation, now and in the future, to pay these costs. If he is right then I understand that I have to pay it, but why did he replace the entire boiler for free 5 years ago and were all maintenance services free? Do you understand that this raises doubts about how this is now legally regulated? I can't make it out from the general terms and conditions. Do you know?

Lawyer

Are these ROZ provisions? If so, from which year (there are multiple versions)? Would you like to cite the provisions? And does the agreement itself contain anything about maintenance and the applicability of these general provisions?

Questioner

ROZ provisions retail space 1994, Maintenance and upkeep at the expense of the landlord point 9.1 C: replacement of parts and renewal of installations such as the lift, central heating and hydrophore installation. Does this mean that the maintenance costs are for me, but the parts themselves are for the lessor?

Lawyer

If you quote correctly, 'maintenance and upkeep are at the expense of the landlord'. So then the maintenance is not at your expense either. For further advice/help, it is best to contact me directly via the 'direct contact' link that you will see with this answer - if you are logged in. I'm happy to help you with this.

Questioner

It literally says this: Maintenance and upkeep at the expense of the landlord 9.1 Unless the work concerns minor and daily repairs as referred to in the law (Article 7A:1619 of the Dutch Civil Code) or work on items that have not been installed in, on or to the rented property by or on behalf of the lessor, the following shall be borne by the lessor: a. maintenance, repair and renewal of structural components of the rented property, such as foundations, columns, beams, construction floors, roofs, panels, construction walls, exterior walls; b. maintenance, repair and renewal of stairs, stair ledges, sewers, gutters, exterior window frames and the like. With regard to sewers, the provisions of 9.2.4. shall apply without prejudice; c. replacement of parts and renewal of installations such as the lift, central heating and hydrophore installation; d. exterior painting. This is the entire section on maintenance and upkeep at the landlord's expense. Am I also entitled to compensation for maintenance of the central heating system? (in addition to replacement and central heating parts) Yours sincerely, M. ps. I also sent you this supplement via the direct contact link.

Questioner

Then the question is what is meant by work that should be regarded as minor and daily repairs (in law 7A:1619 BW) compared to CV maintenance costs, I think? Kind regards, M.

Lawyer

You are not quoting in full. I am quoting the relevant parts: At the expense of the landlord 9.1 Unless the work concerns minor and daily repairs as referred to in the law (Article 7A: 1619 of the Dutch Civil Code) or work on items that have not been installed in, on or to the rented property by or on behalf of the lessor, the following shall be borne by the lessor: …..c. replacement of parts and renewal of installations such as the lift, central heating and hydrophore installation; At the tenant's expense 9.2.1 All other maintenance, repairs and renovations, such as: …. g. the daily maintenance and repair (and renewal of small parts) of any technical installations belonging to the rented property. This shows that minor maintenance (including small parts) is for the tenant and major maintenance and replacement is for the landlord, unless otherwise agreed in the rental agreement or unless these provisions have not been provided/not provided on time.

Questioner

Ok I understand what you mean now, thanks for this information. I now know how it works. Thanks for this quick solution.. M.

Lawyer

Nice. For the sake of completeness: replacing an expansion vessel is definitely not considered minor maintenance and is at the landlord's expense.