Do you have a tenancy dispute and do you want your own lawyer to handle the case through your legal expenses insurance? First check whether your position as tenant or landlord is covered. A private housing module does not automatically cover commercial letting. If you receive a writ of summons or an eviction is announced, the substantive deadlines must be assessed immediately.
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Written by Onur Arslan, attorney at Arslan Advocaten. Onur Arslan practised for many years as a corporate lawyer and insolvency trustee (curator) and has extensive experience in financial law disputes. Do you have questions about your own situation? Get in touch.
Which tenancy case is covered?
A conflict about rent arrears, defects, service charges, termination or nuisance may fall under different conditions. The insurer may dispute cover on the grounds of a pre-existing conflict, a waiting period, a let property or business activities. Ask for the exact article and the relevant start date.
Record the chronology: when did the problem arise, when did it become a conflict and when did the insurance start? A defect that already existed and a later legal dispute about it are not automatically the same event, but the policy may define related events broadly. The specific wording and facts are decisive.
Subdistrict court judge and free choice of lawyer
A tenancy case before the subdistrict court judge (kantonrechter) usually does not require mandatory legal representation. That does not mean that free choice under a legal expenses insurance policy is therefore excluded. The European framework covers the judicial and administrative proceedings to which it applies; see Directive 2009/138/EC, Article 201.
Ask for a written decision on external handling of the specific proceedings. Enclose the writ of summons or the application and discuss the cost ceiling, the budget and any personal contribution. An instruction you have already given yourself is not automatically reimbursed in full.
The Rent Tribunal is a separate route
The Rent Tribunal (Huurcommissie) and the subdistrict court judge have different tasks and procedures. Not every tenancy dispute can be dealt with by the Rent Tribunal. The insurance question must also be tailored to the specific procedure. It is too general to treat every letter about the tenancy as the same insured procedure.
Also have the consequences of a decision assessed, together with which next step or deadline is open. The funding discussion with the insurer must not take the place of choosing the right substantive route.
Urgency in the event of eviction
A formal demand to leave is something different from an enforceable judgment and an announced enforcement. Send all documents, including letters from the bailiff. State the exact date on which an action or eviction has been announced.
A complaint about the legal expenses provider does not in itself stop the eviction. Urgent procedural advice is sometimes needed. Ask the insurer for an urgent decision and record who will take the necessary protective steps. Financial arrangements should, where possible, be clear in advance, even when action has to be taken quickly.
Disagreeing with the advice to settle
Ask why the case handler is recommending a payment plan, a departure arrangement or a buy-out. Discuss the evidence, the litigation risk, housing and whether the outcome is workable. A disagreement on the substance of the approach may be a reason to look into the disputes procedure (geschillenregeling). A dispute about cover calls for a different route.
Frequently asked questions
Is letting my second home covered?
Not automatically. Check the capacity in which you are insured and any exclusion for letting or business interests.
Can I choose a lawyer before the subdistrict court judge?
Free choice may apply even though legal representation is not mandatory. Cover and costs remain separate questions.
Does an insurance complaint stop the eviction?
No, do not assume so. The substantive proceedings and enforcement require their own measures.
Which documents are needed?
The tenancy agreement, payment details, complaints about defects, procedural documents, bailiff’s letters and the insurer’s decision on the policy.
Read also about refused legal expenses cover and a complaint about your legal expenses insurer.
Have your tenancy dispute and the options for your own lawyer assessed.
This page provides general information and is not legal advice about your own situation. No rights can be derived from its content.
