Delivery in tenancy law: legal considerations at the start and end of the lease

A delivery report documents the condition of the leased space at the start of the lease and serves as the reference point for redelivery at the end of the term. It therefore plays a central role in the landlord-tenant relationship. The presence – or absence – of a delivery report at the end of the lease can have significant consequences, particularly in discussions regarding damage or repair obligations.

Commencement of the lease agreement – preparing a delivery report

At the start of the lease, the landlord hands over the leased space to the tenant. The delivery report provides a detailed record of the condition of the leased space at the commencement of the lease, including any defects, snagging items still to be repaired by the landlord, meter readings, the number and type of keys and typically photographs attached as an appendix.

In practice, commercial parties often rely on the Real Estate Council (ROZ) model lease agreement. The ROZ model encourages the preparation of a delivery report upon delivery to document the general, structural and technical condition of the leased space as accepted by the tenant at the start of the lease. The standard ROZ provisions, which apply by default, further stipulate that: (i) the landlord delivers the leased space in a well-maintained condition; which the tenant accepts, unless the parties have agreed otherwise in writing; and (ii) if no delivery report is prepared, the tenant is deemed to have received the leased space in good condition, free from defects and damage.

While Dutch law does not require preparing a delivery report, it does emphasise the report’s importance when the leased space is returned at the end of the lease. This is discussed in more detail in the following section.

End of the lease agreement - legal consequences of the absence of a delivery report

At the end of the lease agreement, the delivery report serves as the benchmark against which the condition of the leased space is assessed on return. Where no such report exists, complex disputes may arise concerning damage, repair obligations and the allocation of costs. In practice, three scenarios can be distinguished: (i) a delivery report was prepared at the commencement of the lease; (ii) no delivery report exists; or (iii) a delivery report exists but does not provide sufficient clarity as to the condition of the leased space.

Existence of a delivery report

Where a delivery report has been prepared, the tenant is required by law (and under the ROZ provisions) to return the leased space in the condition described in that report, subject to normal wear and tear and any permitted alterations. The practical importance of the delivery report is significant. Where it contains a clear description of the condition of the leased space, the landlord need only allege - and if necessary, prove - that the condition at the end of the lease differs from that description.

If the landlord succeeds, a statutory presumption applies in the landlord’s favour, meaning that the damage is presumed to have been caused by the tenant. The tenant may rebut this presumption by demonstrating that the damage was not attributable to their actions, for example by providing evidence of external causes or expert reports showing that the issue constitutes normal wear and tear.

Absence of a delivery report

Where no delivery report has been prepared, the opposite presumption applies: the tenant is deemed to have received the leased space in the condition in which they are returned at the end of the lease. This places the landlord at a significant disadvantage, as it becomes more difficult to demonstrate - after the lease agreement has ended - that the leased space was returned in a worse condition than at the start of the lease term.

In principle, any damage will be borne by the landlord unless it can be shown that the tenant caused the damage during the lease term. In addition, the absence of a delivery report may give rise to evidential difficulties in determining which changes or additions were made by the tenant and are therefore required to be removed.

Where the ROZ provisions have been declared applicable, the position differs from the statutory provisions. In that case, the leased space is deemed to have been delivered at the commencement of the lease in a well-maintained condition, free from defects and damage, unless the tenant can prove otherwise. The tenant must then return the in the same condition at the end of the lease, subject to normal wear and tear and ageing.

This deviation offers landlords a significant advantage: even in the absence of a delivery report, the leased space is presumed to have been delivered in good condition, and the burden of proof does not automatically rest with the landlord. Instead, it is for the tenant to demonstrate that the leased space was not received in good condition, thereby substantially reducing the landlord’s evidential risk.

Incomplete delivery report

A delivery report that has been prepared but lacks sufficient clarity regarding the condition of the leased space may give rise to evidential difficulties. This may occur, for example, where the descriptions are overly general, such as stating merely that the leased space was 'received in good condition' - without further explanation or supporting visual material. Uncertainty may also arise where only a limited number of defects are recorded and no complete inventory is included. The absence of photographic or other visual evidence makes it more difficult to establish the actual condition of the leased space at the commencement of the lease.

Further risk arises when the delivery report has not been signed by both parties. In such circumstances, the tenant may dispute whether the report accurately reflects the condition of the leased space at the start of the lease.

In these situations, it becomes more difficult for the landlord to demonstrate at the end of the lease that the tenant has returned the leased space in a worse condition than when it was received.

If the dispute proceeds to court, the judge will assess whether the delivery report is sufficiently specific to serve as a benchmark for redelivery. Where it is found to be insufficiently detailed, the landlord will be required to provide additional evidence – such as photographs or third‑party statements – to establish that particular damage was caused by the tenant.

The ROZ provisions partially mitigate this risk. As described above, where no delivery report exists, the leased space is presumed to have been delivered in good condition. That contractual presumption may also apply where the delivery report is incomplete: if the report provides insufficient guidance, the landlord may still rely on the presumption. In such cases, the burden shifts to the tenant to demonstrate that the leased space was not in a well-maintained condition at the commencement of the lease, or to show that specific fixtures or items were already present and permitted to remain.

Practical recommendations

A carefully prepared delivery report provides both landlord and tenant with legal certainty and forms a robust basis for resolving any disputes concerning damage, repair obligations and other claims. It should not be treated as a mere administrative formality, but rather as an essential tool for protecting the parties’ respective rights and obligations.

Landlords should avoid overly general or insufficiently detailed delivery reports. Instead, reports should contain objective and verifiable descriptions, supported where possible by photographic evidence and a comprehensive inventory covering each part of the leased space.

For more information or advice on documenting your lease arrangements correctly, please contact us. Our real estate team would be pleased to assist.