Tenancy law for business premises

The lawyers specialising in tenancy law at Hielkema & co are experts in the area of tenancy law for business premises. You can turn to us for matters related to office space, logistics, retail space and the retail trade. Our services cover advice and litigation, and we assist landlords, investors, property owners, project developers and housing corporations in particular.

As a client, you benefit from our current and in-depth knowledge of this specific area of tenancy law.

We advise our clients on the following aspects of tenancy law for commercial spaces:

  • Business premises for the SME sector (290) versus office space (230a)
  • Office space
  • Retail space
  • Lease terminations
  • Dissolution
  • Termination by giving notice
  • Substitution
  • Rental increases/reductions
  • Subletting
  • Derogation clauses
  • Designated use of properties

We can assist you in the drafting and assessing of lease agreements. In addition to providing advice, we also conduct proceedings regularly on issues concerning tenancy law for business premises.

Security of tenure for business premises

Tenancy law regulations for business premises, which are distinguished depending on whether they are so-called 230a business premises or 290 business premises, are often regulatory provisions.

The law has several kinds of semi-mandatory rules, from which it is not possible to deviate to the detriment of the tenant. This is particularly the case for 290 business premises (in short: the retail trade, restaurants and cafés, takeaways or delivery services and craft businesses). These semi-mandatory rules include mandatory lease terms for the tenant and rent protection. If there is a deviation to the detriment of the tenant, the tenant can usually contest the lease, i.e. have it annulled, unless the subdistrict court has given court approval for the lease.

For 230a business premises (other business premises, including office space), generally speaking the tenant has a limited degree of security of tenure. The tenant is entitled to protection against eviction at the end of the rental period. In principle, the tenant is protected from eviction by operation of law for two months after the date on which the landlord gives written notice of eviction. The tenant is only obliged to vacate the premises at the end of this two-month period. The tenant may ask the court to extend the period of eviction protection during that two-month period. The extension may be granted three times for a maximum of one year, i.e. up to a maximum of three years. The court weighs the interests of the parties in its judgment.

Frequently asked questions concerning tenancy law for business premises:

  • Does it constitute a defect?
  • Is the tenant entitled to rent reduction (whether or not in connection with the coronavirus pandemic)?
  • May the rent be increased, and if so, when?
  • Questions about lease termination, can a lease be terminated?

Hielkema & co: specialists in tenancy law for business premises

Thanks to our specialist knowledge, we are familiar with the ins and outs of tenancy law for commercial spaces, including retail space and offices. We advise landlords and housing associations in particular, throughout the Netherlands, on issues concerning tenancy law. If we can help you with any issues related to rental prices, notices of termination, substitution, defects or proceedings before the subdistrict court, then please call +31 (0)85 – 57822820 without obligation or complete the form and we’ll contact you.