The Model C Agreement: Temporary letting in the absence of the owner
In the Netherlands, there are several models for temporary letting of residential property, of which the so-called Model C Agreement occupies a special place. This specific agreement is designed for situations where the owner or main tenant of a property is temporarily staying somewhere else, for example abroad or elsewhere in the Netherlands. Although it is sometimes seen as a flexible solution for temporary letting, its applicability is limited and strictly framed. Many landlords wrongly believe that they can still easily enter into a temporary rental agreement, while this is only possible under specific conditions.
What is a Model C agreement?
The Model C agreement is a type of lease agreement of a temporary nature, as included in the guidelines of the ROZ (Raad voor Onroerende Zaken) and accepted within Dutch rental law. The distinguishing feature of this agreement is that the letting takes place during a temporary stay of the owner or main tenant in another location. This may be abroad, but also elsewhere within the Netherlands, for example due to work, informal care, study or other personal circumstances. This model offers the possibility to let the property temporarily without the tenant being able to claim regular rent protection, provided all conditions are met.
The use of a Model C agreement is not just allowed. There are clear conditions that must be met:
Temporary residence elsewhere: The owner or main tenant must actually reside elsewhere temporarily. This can be abroad, but also at another location within the Netherlands. The reason must be demonstrable and the temporary nature of the stay must be established.
Temporary duration of the rental: The agreement must make it clear from the start that the situation is temporary, including an end date or clear end condition (such as returning to the house).
Minimum rental period possible: Landlords may include a minimum rental period in the agreement, for example, three or six months. During this period, the tenant cannot terminate the agreement early. After this minimum period, a shorter notice period usually applies to the tenant.
Dwelling will be re-occupied by the tenant after the expiry: The intention must be for the owner or main tenant to move back into the property himself after the agreement expires. This confirms the temporary nature of the rental.
Common misunderstandings
Many private landlords assume that they can still use a temporary rental agreement (as under the Lease Market Transition Act 2015), but this is only possible under certain circumstances. Since the change in rental law, it is no longer just allowed to enter into a temporary agreement without the tenant being entitled to rent protection.
A common mistake is to use a Model C agreement while the landlord is not actually staying elsewhere or has no serious intention of returning to the property himself. In that case, the court may rule that there is a regular lease with full rent protection, meaning that the tenant cannot be evicted without a valid ground for termination.
Importance of good documentation
When drafting a Model C Agreement, it is crucial that all agreements are recorded in writing and legally correct. This includes:
- The clear temporary nature of the rental
- The reason and location of the stay elsewhere (in the Netherlands or abroad)
- A statement of the return date or condition
- The agreed minimum rental period
- Agreements on termination and renewal.
Legal advice recommended
Given the sensitivity of the rules and the risk of unwanted rent protection for the tenant, if in doubt it is strongly recommended to seek legal advice or to use a model agreement prepared by an expert party, such as the ROZ or a specialised tenancy law lawyer.
Conclusion
The Model C agreement is a useful tool for temporary lettings in the absence of the owner, whether abroad or elsewhere in the Netherlands. However, it is not an alternative to regular temporary rental, but an exception that only applies under specific circumstances. In doing so, it is possible and wise to agree on a minimum rental period so that both parties have clarity and certainty. Landlords would do well to be aware of the legal risks and obligations associated with this agreement. In this way, they prevent a temporarily intended rental from unintentionally leading to permanent rental protection for the tenant.
