The impact of grid congestion now extends well beyond energy law. For landlords and tenants of commercial real estate, a lack of available electricity capacity can directly affect the use and operation of leased premises.

In this article, Claire van der Hoeven co-authors an analysis of how the Dutch Energy Act, landlord and tenant law, and recent case law intersect when determining responsibility for insufficient grid capacity. When does grid congestion constitute a defect for which the landlord is responsible? And when does the risk fall within the tenant's sphere of responsibility?

Drawing on legislation, case law and the ROZ model lease agreements, the authors demonstrate why it is becoming increasingly important to establish clear agreements in advance regarding connections, transmission capacity and any future capacity expansions. Their conclusion is clear: contractual clarity is essential to avoid disputes and unforeseen risks in a market where grid congestion is likely to remain a long-term reality.

This article was first published in WR Tijdschrift voor huurrecht. The article is accessible in Dutch only. 

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