In the case of renovation, a landlord must make a reasonable proposal if the tenancy is to continue. Whether you have to cooperate depends on the plan and the circumstances. Maintenance, home improvement and demolition followed by replacement new-build are not always the same in legal terms. Any rent increase or relocation allowance must also be assessed separately.
Nederlands: Lees dit artikel in het Nederlands: Renovatie van uw huurwoning: meewerken, bezwaar en vergoeding
Türkçe: Bu makaleyi Türkçe okuyun: Kiralık konutunuzun renovasyonu: işbirliği, itiraz ve tazminat
New window frames can remedy overdue maintenance and improve insulation at the same time. A bathroom project may be merely a replacement, but it may also add extra quality. So ask for a breakdown of the works before you agree to the whole package.
What is the difference between maintenance and renovation
Maintenance keeps the home in the condition to which you are entitled. Renovation brings about a change or an improvement. Both may occur within a single project. The label used by the landlord is not decisive; what counts is the actual work carried out.
That distinction is relevant to your cooperation, to any rent increase and to a possible allowance if you have to move. Ask, for each item, what is being replaced, what is being improved and which costs are attributed to which works. An unspecified total amount makes assessment difficult.
When is a renovation proposal reasonable
A reasonable proposal is not only about the eventual quality of the home. The schedule, the duration of the disruption, access to facilities and the consequences for the occupant also count. Think of working from home, limited mobility or the lack of a usable bathroom while the works are carried out.
Ask how dust, noise and safety will be dealt with and who your point of contact is. If you have to move out temporarily, the temporary accommodation and the financial arrangements should be clear. Record specific objections and state which adjustment would make the proposal workable for you.
What does 70 per cent consent mean
In the case of a renovation of ten or more homes or business premises that form a structural unit, the consent of at least 70 per cent of the tenants can give rise to a statutory presumption that the proposal is reasonable. That is not a general rule that every vote against becomes meaningless.
A tenant who has not consented can ask the court to assess the reasonableness of the proposal within eight weeks of the written notice that the 70 per cent threshold has been reached. The Juridisch Loket (the Dutch Legal Services Counter) describes the renovation rules and this time limit. So be sure to keep that notice, together with the date it was sent and received.
Rent increase and relocation costs
A renovation does not automatically mean that every proposed rent increase is valid. Have it checked which improvement is being made and how the increase has been calculated. The cost of mere maintenance cannot simply be presented as home improvement.
If moving out is necessary because of the renovation, a contribution towards relocation and refurbishment costs may be payable. A temporary stay elsewhere is not in every situation the same kind of move in legal terms. Our article on the relocation allowance for renovation covers the conditions and the amount.
Assess the proposal item by item
A renovation package may include new glazing, repair of rotten window frames, ventilation and a different kitchen. Ask, for each item, which problem is being remedied, what quality is being added and how the costs have been allocated. Replacing a worn-out component with a serviceable one is not necessarily the same intervention as adding an extra facility.
That breakdown helps you to formulate substantive objections. For example, you can agree to necessary repairs but raise questions about an optional kitchen package or the associated rent. Avoid giving an unclear “yes” on a document that simultaneously covers all the works, a new rent and a waiver of further claims. Have it recorded which items your response relates to.
What a useful work plan contains
A work plan must make clear which rooms will be used when and which facilities will temporarily be unavailable. Ask about the duration of the works in your own home, not just about the overall project period. A six-month building project does not have to mean that your bathroom is out of use for six months, but the individual schedule must be made transparent.
Discuss access, protection of furniture, cleaning, storage and the point of contact in the event of damage. Also ask what happens if a scheduled working day is cancelled or if the works finish later. A general brochure can set out the main points; individual arrangements for your home must be specific enough to establish later whether the proposal has been complied with.
Raising personal circumstances in a targeted way
The consequences for the occupant may be taken into account when assessing whether a proposal is reasonable. Describe which practical limitation you expect and which adjustment could resolve it. Think of an accessible temporary shower, an adapted access arrangement or alternative accommodation when the home cannot actually be used. A concrete solution makes your objection easier to discuss than a mere statement that you do not want any disruption.
Support necessary adjustments with relevant information, without sharing personal documents indiscriminately. Ask the landlord to respond in writing. If you are offered a standard arrangement that does not address your specific problem, explain exactly why it is insufficient. Keep both your request and the alternatives offered in case the matter is later assessed by the court.
A notice about 70 per cent calls for a prompt check
Check which proposal the consent relates to and which homes or business premises were included in the count. The rules on the presumption of reasonableness have conditions; a random collection of addresses, or consent to a different version of the plan, raises other questions. Request any missing information, but meanwhile keep an eye on the time limit for your own legal remedy.
A complaint to the landlord, the residents’ committee or the contractor is not the same as going to court in time. If the statutory rules apply, the eight-week period following the written notice is important. So file that letter separately in your records straight away. Have it assessed in good time whether a claim needs to be brought, even if the parties are still discussing adjustments. The Juridisch Loket’s explanation of renovation describes this route.
Substantiating a rent increase after home improvement
Ask which part of the proposed increase is linked to which improvement. A reference to the total construction cost does not in itself explain how the new rent has been calculated. Maintenance, improvement and any expected savings must be kept sufficiently distinct. The applicable rent rules and the total number of points may also be relevant.
Do not allow an expected energy saving to be presented as a guaranteed personal benefit without an explanation of the assumptions. Actual consumption and tariffs may differ. Ask which arrangements apply if the works deviate from the proposal. Consenting to the works need not unintentionally become consent to every financial change announced later.
Moving out temporarily while keeping the right to return
If you have to stay elsewhere during the renovation, record whether the original tenancy agreement continues and when you can return. Specify which temporary accommodation is being offered, which costs apply and who will organise the move or storage. Also check whether your belongings can remain in the home or must be stored elsewhere.
The need to move and the facilities offered may be relevant to a relocation allowance for renovation. A decant home, temporary guest accommodation and a permanent replacement home do not always have the same consequences. So read a temporary contract together with the renovation proposal. Ask for an adjusted arrangement if your return takes place later than originally announced.
Recording damage during the works separately
Before the works start, take photos of the relevant rooms and fragile belongings. Record which protection and moving of items has been agreed. Report any damage during the works immediately, with the date, photos and the circumstances in which it occurred. Ask for a written point of contact for dealing with it and keep work orders or incident reports.
A general allowance for disruption does not automatically cover every specific item of damage; conversely, not every scratch necessarily entitles you to the price of a completely new item. Keep the damage estimate, the previous condition and the repair options separate. Read any proposed full and final discharge carefully, so that settling one item of loss does not unintentionally close all the matters that are still outstanding.
Example of a substantive objection
Suppose a tenant agrees to better insulation, but the plan leaves them without a usable bathroom for two weeks. The temporary shower offered is in a place that is not accessible for this occupant. This fictitious example shows how an objection can relate to the way the works are carried out rather than being a general refusal of renovation.
A useful response states consent to the improvement described, the specific access problem and a proposed alternative. Ask in writing whether the plan will be adjusted accordingly and whether the other rights and time limits must continue to be monitored unchanged. If consultation does not lead to a solution, a lawyer can determine which aspects of reasonableness must be put before the court.
Frequently asked questions about renovation
May I refuse all the works
Not without an assessment. Obligations to cooperate may apply to urgent works and reasonable renovation proposals. Formulate specific objections and keep track of any court deadline.
Do I have to agree to a new tenancy agreement
Not merely because renovation is taking place. Check whether the proposal continues the existing tenancy or changes other rights and conditions.
Do I get money for every day of disruption
No. Compensation depends on the nature and severity of the disruption, the arrangements made and the legal basis. Ordinary inconvenience caused by the works and a serious impairment of your enjoyment of the home are not the same.
What if the schedule overruns
Report the specific consequences and ask for an adjusted schedule. Record extra costs and missing facilities and discuss additional measures.
Is a signature on a residents’ list binding for everything
That depends on the wording, the proposal and the circumstances. Check whether you are consenting to works, a rent increase, a temporary move or a complete settlement. Ask for a copy of what you sign and of the version of the plan it relates to.
Does my letter of objection stop the eight-week period
Do not assume so. A response to the landlord does not replace the court step that may be required under the applicable statutory rules. Keep the notice and have the final date for starting proceedings determined straight away, even if talks are still ongoing.
Do I have to stay at home during all the works
Make specific arrangements about access and presence. Where applicable, you must offer reasonable cooperation, but the works must be organised in a practical way. Ask who manages the keys, which times apply and how cancelled appointments will be dealt with. Raise any special limitations in good time.
What if the landlord changes the plan after I have consented
Ask which works, schedule and costs are changing compared with the proposal to which you consented. Keep both versions and respond in writing to the specific deviations. Earlier consent does not necessarily decide the matter for every subsequent change. Have it assessed whether new arrangements or a fresh assessment are needed.
Have the proposal reviewed before you consent
Send the renovation plan, the rent calculation and any 70 per cent letter to Arslan Advocaten. This allows the reasonableness, the time limits and the financial consequences to be assessed together.
