This is how rent indexing works for business space

To ensure that rents rise with inflation, most leases of commercial space include a provision for annual indexation. If use is made of the ROZ model rental agreement, that is regulated. If the lease does not provide for annual indexation, you can have the rent adjusted only by revision. In another article on this website you can read how business premises rent review works. In the article below, tenancy law lawyer Robert van Ewijk explains how rent indexing works for commercial space.

Clause in lease on indexation of rent

The manner in which rent is indexed is form-free. This means that the tenant and landlord can determine together how often they index the rent and how the amount of indexation is determined. In practice, however, it usually comes down to the landlord using a model contract (for example, from the ROZ), which already contains a comprehensive provision on indexation of rent.

Indexation of rent based on CPI

It is usually stipulated that rent should be based on the CPI. CPI stands for ‘consumer price index. It is a figure from the CBS that represents the average price change and is an indicator of inflation. The lease agreement contains a formula that takes the CPI into account, among other things. If you enter correct data into the formula, it will then produce the indexed rent. On the CBS website is a module you can use to calculate rent indexing.

Dispute over indexing rent of business premises

Disputes often arise over the indexation of rent of business premises. Disputes include, for example:

• the question of whether the correct formula was applied;
• The question of whether the correct data was entered in it, or;
• the question of whether the result of indexing is reasonable.

Many disputes arose over that in 2023, due to the enormously high inflation in 2022. This led to indexations as high as 14.5%. In a number of court cases, the courts have ruled that a indexing that size, is contrary to reasonableness and fairness. If, for example as a result of rent indexations, there is an excessive rent, you as the tenant can request the court to increase the rent to be adjusted to market rent.

Indexing forgotten: bad luck or not?

In practice, it is also very common to forget to index the rent. Disputes regularly arise about this as well. The questions that then arise are:

1. is the rent automatically indexed, or does that require an action by the landlord?
2. may the rent still be indexed and retroactively?
3. if it then turns out retroactively that the tenant has paid too little rent because of those indexations that were still applied, does he have to pay the arrears?
4. what effect does the statute of limitations have on forgotten rent indexations?
5. what effect does the statute of limitations have on the resulting rent arrears?
6. and finally, is there estoppel if the landlord continued to list the low (non-indexed rent) on its invoices?

We wrote a separate blog on that topic. The blog about the forgotten rent indexing at business space, you read here.

Rent law lawyer in dispute over indexation of rent

Lexys Lawyers employs very specialized rental law attorneys. They can help you with everything related to the lease of business premises and can adequately assist you in disputes over rent. Visit contact at if you want to know more. Our professionals will be happy to assist you.