Overdue maintenance

The tenancy law that came into force on 1 August 2008 contains provisions regarding overdue maintenance and other defects in the rented property. These provisions oblige the landlord to remedy (all) defects in the rented property. Tenancy law also gives the tenant a number of tools to enforce this. For example, if there is a defect that reduces the tenant’s enjoyment of the property, the tenant has the option of claiming a reduction in the rent.

What is considered a defect?

According to the law, a defect exists if the rented property does not have the characteristics that a tenant can expect under normal use. This can include physical problems such as damp, mould, broken installations or poor insulation, but also legal or factual external obstacles.

Examples include construction noise from neighbours, an inaccessible entrance or the loss of permits. It is important that the defect leads to reduced enjoyment of the property. In that case, the tenant is entitled to repair, a rent reduction or, in some cases, even compensation.

What are the landlord’s obligations in the event of defects?

A landlord is legally obliged to remedy defects in the rented property that limit the tenant’s enjoyment of the property. This obligation is not optional. As soon as the defect is reported, the landlord must take action. If he fails to do so, he runs the risk of a rent reduction, compensation or even the tenant being allowed to repair the defect himself at the landlord’s expense. So don’t wait until the situation escalates, because overdue maintenance can lead to substantial claims.

Can the tenant request a rent reduction in the event of defects?

Yes, as a tenant, you can demand a rent reduction in the event of defects in the rented property, and that right is firmly enshrined in law. As long as the defect is not your fault and it affects the enjoyment of the property, you are entitled to a reduction. Even with retroactive effect. It is important that you inform the landlord immediately in writing and give them the opportunity to remedy the defect. If they fail to take action, do not leave it at that. Our tenancy law specialists at Fruytier Lawyers in Business are here to help you.

Procedure before the subdistrict court

In the case of commercial premises for small businesses, in a number of cases, both the tenant and the landlord can ask the court to determine the rent if it does not correspond to that of comparable commercial premises in the area. Prior to this, the parties must seek advice from the commercial tenancy advisory committee or another expert, such as a property valuer. If the parties are unable to reach agreement, either of them may initiate proceedings before the subdistrict court.

We represent both (professional) landlords and (private) tenants.