If your landlord does not respond to a defect, ask in writing for specific repairs within a reasonable period. If the repairs are still not carried out, proceedings before the subdistrict court judge (kantonrechter) may be necessary. The Rent Tribunal (Huurcommissie) can reduce the rent where there are serious defects, but it does not issue an enforceable order to repair the home.
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Yet another promise from the property manager is of little help if the window is still leaking or the installation keeps breaking down. An effective request for repair states what is wrong, what you require and why further delay is not reasonable.
First check who has to carry out the maintenance
Not every repair is the landlord’s responsibility. Minor repairs and damage for which the tenant is responsible may be at the tenant’s expense. With structural problems in the building or an installation that is let together with the home, the position is often different. Look at the tenancy agreement, the nature of the defect and any arrangements concerning facilities you have installed yourself.
If in doubt, ask not only for a repair but also for a reasoned position on who is responsible. A mere reference to a general maintenance clause is not always enough to set aside statutory obligations in respect of residential accommodation.
Turn your report into a clear request for repair
Describe the defect, its location and its consequences. Refer to earlier reports and attach recent photographs. Ask for an inspection date, the proposed solution and a date on which the work will be carried out. Offer several times when access is possible and confirm any appointments made by email.
What counts as a reasonable period depends on the circumstances. A broken doorbell calls for a different response than an unsafe electrical installation. In an emergency, the most important thing is to limit danger and further damage. Also keep evidence of cancelled appointments and of technicians who leave without having achieved anything.
When is a notice of default needed
For certain further steps, the landlord must first be in default. This is often achieved by a written notice of default (ingebrekestelling) in which you set a final reasonable period. Whether such a letter is needed depends in part on the obligation, earlier arrangements and the urgency.
A letter that merely says “I hold you liable” does not yet make clear what the landlord must do. Formulate the performance you require in specific terms. Is it an investigation, an emergency repair or a permanent repair? Keep those steps separate if the cause has not yet been established.
Claiming repairs before the subdistrict court judge
You can ask the court to order the landlord to carry out specified work, if necessary subject to a penalty payment (dwangsom). An enforceable claim states a verifiable result and a realistic period. Where the matter is urgent, interim relief proceedings (kort geding) may be appropriate. The Dutch judiciary describes the urgent procedure for rental disputes.
The court does not consider only your interest. The cause, the work required and the landlord’s options also play a role. An expert report may be decisive when the parties disagree about what needs to be repaired.
Carrying out repairs yourself and setting off the costs
Having repairs carried out yourself and recovering the reasonable costs from the landlord may be possible under certain conditions. This requires a careful assessment of the duty to repair, the default and the costs. Do not commission a major renovation on your own initiative in the expectation that every invoice will automatically be reimbursed.
Suspending rent or setting off costs against the rent also carries risks if the amount or the legal basis is wrong. A maintenance dispute can then turn into a dispute about rent arrears. Have it determined in advance which step fits best, legally and in practice.
Distinguish between investigation, emergency repairs and permanent repairs
A defect may be clearly visible while its cause is still unknown. With a leak, an emergency measure may be needed first, then an investigation of the pipe and finally repair of the wall. Ask the landlord to schedule these steps separately. This makes it clear which action is possible now and which part depends on further investigation.
A reply that “the contractor is working on it” does not yet provide clarity. Ask who the point of contact is, when the inspection will take place and when you will receive written feedback. It is reasonable that complex repairs require preparation. That does not alter the fact that temporary measures and a specific schedule can often be discussed at an earlier stage. In your request, describe what disadvantage continues for as long as the permanent repair is not carried out.
What makes a good notice of default specific
A notice of default is more than an angry reminder. State the obligation that you believe is not being fulfilled, the earlier reports and the result you require. Set a reasonable final period for that result or for a clearly described necessary step. A period of a few days for a complete roof replacement may be impossible to meet, whereas an urgent emergency measure may be needed much sooner.
Make clear what you will consider if the landlord does not perform in time, such as seeking legal assistance and bringing a claim for repairs. Do not announce measures that you cannot responsibly carry out. Whether default has already occurred without a new letter, or whether an exception applies, requires an assessment of the circumstances. So also keep earlier promises that included a specific date for the work and messages in which the landlord expressly refuses to carry out repairs.
Sample text for a final request for repair
A basic version might read: “On [dates] I reported [defect] in the home at [address]. To date, [item] has not been repaired. As a result, [specific consequence]. I request that you carry out [described work] no later than [reasonable date] and inform me in writing of the schedule. I can provide access on [times]. If no solution is forthcoming, I will have my options for further legal steps assessed.”
Adapt the text to your file. In the case of acute danger, a standard letter alone may not be sufficient; with a technically complex problem, a targeted investigation may be needed first. Send the letter to the landlord named in the contract and copy in the property manager. Use a method that allows you to prove receipt. If you use email, also keep any error messages or delivery confirmations.
When the owner, property manager and contractor refer you to each other
Your practical contact person may be a property manager, but that does not automatically make every other party your contractual counterparty. Check who is named as the landlord in the tenancy agreement and whether any change has been notified since. Address your legal request to the correct party. A contractor who has missed an appointment is not necessarily the party against whom you bring a claim for repairs under tenancy law.
Draw up a single overview of everyone involved, with their role and contact details. Then pass on any promises made by technicians in writing to the landlord and the property manager. This prevents important information from being recorded only on a loose work order or in a telephone conversation. If the property manager asks you to fill in a form again, do so where this is of practical use, but keep your original report and timeline at the same time.
Engaging a technician yourself requires a clearly defined assignment
In certain circumstances, a tenant may have necessary work carried out and recover the reasonable costs. An important question is whether the landlord is responsible and has had sufficient opportunity to fulfil its obligation. In addition, the work and the costs must be proportionate to the defect. A limited repair is something different from a complete improvement of the home.
Where possible, ask for an itemised quotation in advance and send it to the landlord with a clear explanation. Keep photographs taken before the work, the technician’s advice and the invoice with a description of the work. Do not ask for more than is necessary without making arrangements about it. Before setting off costs against the rent, have it checked whether the counterclaim and the chosen method of set-off are sufficiently established.
A claim for repairs must be enforceable
A request to “resolve all defects” may be too vague. A workable claim describes which facility must function again or which specific work is required. In a technical disagreement, an expert report can help to formulate the result required. A penalty payment that is requested must also be linked to an obligation of which it can be established reasonably objectively whether it has been fulfilled.
Discuss what period is feasible in practice and what must happen in the meantime. Does a leak need to be stopped, an installation made safe or a bedroom made usable again? Take into account access, parts and necessary investigations. The court must be able to carry out a specific balancing of interests. For that purpose, a well-substantiated, clearly defined claim is more useful than a long list of general complaints without a clear repair measure.
What can substantiate urgency
In interim relief proceedings, it must become clear why ordinary proceedings cannot be awaited. Describe the current situation, the consequences of waiting and your earlier attempts to obtain a solution. An essential facility that cannot be used, continuous water ingress or a specific safety problem may be a reason to consider the urgent route. The mere fact that you have been dissatisfied for a long time does not make every claim urgent.
Attach up-to-date evidence. An old report may be important for the history of the matter, but it does not always show how serious the problem is today. If possible, ask a technician to describe factually which facility is out of use and which temporary measures have been taken. Interim relief proceedings result in a provisional measure; they are no guarantee that all items of damage will also be settled definitively straight away.
Example of failed repair attempts
Suppose a tenant reports three times that a window does not close. Twice a technician adjusts the fittings, but after a few days the same gap reappears. The third work order states that the frame is warped. This fictitious example shows why the file must contain more than the statement that the landlord is “doing nothing”: there have been visits, but the result is missing.
The next step is a request that follows on from the new technical finding. Ask for the frame to be assessed, for a lasting solution and, if necessary, for a temporary measure against draughts or water. Indicate which earlier attempts were inadequate. For any rent reduction, it also remains relevant how serious the restriction was and how long it lasted. That question stands alongside enforcing the repair.
Frequently asked questions about repairs that are not carried out
Can the Rent Tribunal force my landlord to carry out repairs
No. A possible temporary rent reduction can put pressure on the landlord, but it does not replace a court order to repair. See also rent reduction for defects.
Should I correspond with the property manager or the owner
Address your formal request to your contractual landlord and send the property manager a copy if it organises the maintenance. Keep evidence that your report has been received.
What if a repair keeps failing
Record every attempt and ask for an investigation into the underlying cause. The relevant result is a lasting repair, not merely the number of visits made.
Can I combine a claim for compensation with repairs
Yes, but substantiate that claim separately, covering the cause, the extent of the damage and liability. A duty to repair does not automatically mean that all consequential damage will be compensated.
Is a message via the maintenance portal sufficient
A report via the portal can be useful evidence, especially if you receive a dated acknowledgement of receipt. Keep a copy of the full text and attachments outside the portal. For a formal next step, an additional written request to the landlord may be necessary.
May I refuse a technician who previously did poor work
Make specific objections known in writing and ask for a suitable solution. A general refusal of access may obstruct the repairs. Discuss, for example, supervision, a different schedule or an inspection by an expert. Where there are safety concerns, it is important to record precisely what they are based on.
Can an arrangement on a rent discount limit my right to repairs
That depends on the wording and the circumstances. A temporary discount can exist alongside the duty to repair, but a broadly worded settlement agreement may also settle other claims. Record clearly whether you are only agreeing on compensation for the interim period and which work still has to be carried out.
What if the landlord says it has no money
A financial problem does not automatically make a necessary repair your responsibility. However, the nature of the work and the circumstances may affect the practical solution. Ask for a specific proposal and have it assessed which claim for repairs is possible in your situation.
Legal help with overdue maintenance
Would you like to have a letter requesting repairs reviewed or to start proceedings? Present your contract, timeline and evidence to Arslan Advocaten. On that basis, a specific and enforceable request for repair can be drawn up.
