The model has been in use for some time now and has been picked over by lawyers. It’s time for an evaluation. How does the new ROZ model work out in practice?
What Are the Main Changes in the New ROZ Model?
Short-Stay Rental Options
When the Movement in the Rental Market Act 2015 (‘Wet doorstroming huurmarkt 2015′) took effect on 1 July 2016, landlords were given the possibility to temporarily rent out residential accommodation without tenants acquiring security of tenure. Before, landlords could not commit tenants to one or two-year rental agreements. Although they could enter into such agreements, landlords were powerless if tenants refused to leave. The ROZ has implemented the legislative amendment in its new model by offering parties four options for the tenancy period:
- Rental for an indefinite period;
- Rental for an indefinite period with a 12-month minimum;
- Short-stay rental for two years maximum or less for self-contained accommodation and five years or less for non-self-contained accommodation;
- Short-stay rental for more than two years for self-contained accommodation and more than five years for non-self-contained accommodation.
Depending on the option chosen, tenants enjoy security of tenure. Each option is subject to specific requirements for terminating the rental agreement.
Rental to Specific Target Groups
With the introduction of the Movement in the Rental Market Act 2015 on 1 July 2016 landlords can let to the specific target groups mentioned in the Act. They include disabled tenants, seniors, people under 28 year, students, PhD students and large families. The landlord may terminate the rental agreement as urgently required for own occupancy as soon as the tenant no longer falls into the specific target group.
Penalty Clause
In the 2013 ROZ model for residential accommodation the penalty clauses were contained in the accompanying terms and conditions. In the new model, the penalty clauses have been included in the agreement proper. The penalty amounts have been left open and can be filled in by the parties as befits the actual situation.
Nuisance
The terms and conditions accompanying the new model include more options for dealing with nuisance. For instance, they state explicitly that sub-letting through Airbnb or similar organisations is not allowed unless with the tenant’s prior written consent; Also hemp cultivation is prohibited and tenants should prevent animal nuisance.
Responses to the Model
The model has been received favourably. Several lawyers have stated that the new model is an improvement on the old model, as it caters for current developments, case law and changes in the law. The new model has been called flexible and transparent. There has been some criticism, the main one being that some provisions are missing, like a burden of proof for landlords who claim that they have their principal residence in the property.
Conclusion
The ROZ model has been updated successfully. The parties are always free to adjust the provisions and the amounts in the model to suit their purposes. However, they are strongly recommended to state how and where they varied from the model. The parties should always keep in mind that the ROZ model is just that, a model, and that every rental agreement should be tailor-made.
If you have any questions about the new ROZ model, please contact us!
Silvia Domínguez Saínza
dominguez@slangen-advocaten.nl
19 September 2017
