Tag Archive for: Marie-Christine Veltkamp

Important for tenants in the Netherlands: new protection rules!

Do you rent your house in the Netherlands? If so, as a tenant you are protected against the landlord if, for example, he charges too high a rent, does not repair defects or does not want to repay the deposit at the end of the tenancy. The tenant can go to the Rent Commission or the subdistrict court, which will then give a ruling and, if necessary, order the landlord to repair or pay.

Good Landlord Act

From 1 July 2023, the Good Landlord Act applies. This contains additional obligations for the landlord. If the landlord does not comply with these obligations, the municipality has the option of imposing an administrative fine on the landlord. That fine can amount to €25,750 in extreme cases, and up to €103,000 in repeat offences. In certain cases, the municipality also has the option of temporarily taking over the management of the leased property. These are far-reaching measures.

New obligations for landlords and their enforcement

The Good Landlord Act changed/clarified the following:

  1. a) The landlord does not dircriminate. He uses a clear and transparent selection procedure and motivates his choices. He shall put his working method in writing
  2. b) The landlord shall refrain from intimidation
  3. c) The deposit may not exceed two months
  4. d) The tenancy agreement shall always be in writing
  5. e) The tenant is informed in writing of his rights and obligations, insofar as these are not included in the tenancy agreement
  6. f) The municipality opens a municipal hotline, where tenants can address complaints
  7. g) The municipality is authorised in certain cases to introduce a permit requirement by ordinance. In that ordinance, the municipality can attach conditions to the licence that relate to good landlordship, rent and maintenance. When renting to labour migrants, rules regarding the accommodation and facilities can also be set.
  8. h) The rental agreement must state: the term of repayment of the deposit (14 days without settlement, 30 days with settlement of costs), the details of a caretaker the tenant can contact, the contact details of the municipal hotline, which service costs are due, that an annual overview of the service costs breakdown must be provided.
  9. i) No more service charges may be levied than permitted by law
  10. j) No mediation fees may be charged to the tenant if the mediator also acts for the landlord
  11. k) When renting to migrant workers, the rental agreement must be recorded separately from the employment contract
  12. l) Information on further rights and obligations must be recorded in a language the migrant worker understands

If a landlord fails to comply, the municipality may impose a fine. In case of multiple fines, or if a landlord does not comply with the applicable licence conditions, the municipality may take over the management of the rented property. It can then set the rent at the legal maximum, collect the rent and install necessary facilities. At the landlord’s expense, of course.

More information

Fortunately, most landlords are good ones. Should you still face a problem with the landlord, then please contact us. We will be happy to act for you.

4 documents to read before buying an apartment

The communal interests of the various apartment owners in one building are regulated in the Dutch apartment right. Besides the rules of law, the rules for a specific complex of apartments are written down. These are the 4 documents to read before buying an apartment:

  1. the deed of division,
  2. the general property division regulations which have been declared applicable in the deed of division,
  3. internal regulations –in case they exist-, and
  4. the minutes of the VvE-meetings are important. All owners are bound to the decisions that are made in these meetings.

It is to be advised to check all these 4 documents carefully before signing the purchase-agreement of the apartment. This way, unexpected surprises can be avoided.

The deed of division

A building is divided into different apartment rights, which are described in the deed of division. The deed of division contains a description of the fractional share of each apartment in the building, the fractional share of each apartment in the contribution of the communal costs, and the voting ratio. Furthermore, the division deed contains division regulations, which mostly consists of the reference to one of the model regulations registered in the public registers, as well as amendments and additions thereto. And last but not least, the deed of division establishes an Owners’ Association (VvE), which manages the common parts of the building. Unlike ordinary associations, all owners are members by operation of law. There is no choice here.

In particular the voting ratio might be interesting to check before signing the purchase-agreement. Can your vote be of any importance? Or will you be overruled anyway by a major owner?

The division regulations

The division regulations contain all general rules of the VvE, including which parts belong to the community and which do not, which decisions require permission of the VvE-meeting, how a budget must be set up, how a meeting must be organised, the duties and power of the board, etc.. More modern regulations also contain rules on the quality of the floors in the individual apartments, or rules on sustainability.

It is very important that these rules are followed. If not, there is an actual risk that a situation or decision can be annulled or can be declared illegible.

The rules in the deed the division or the division regulations can’t be altered just by a decision at the VvE-meeting. In case the VvE-meeting wishes to deviate from the deed or the rules, they will have to decide to change the whole deed first. However, this is not easily done. A notary must draft and register a whole new deed and all owners, or at least 80% have to cooperate.

Internal regulations

The internal regulations can be established or altered by a majority of votes in the VvE-meeting. They must also be in line with the the rules in the deed, the division and the division regulations. They are suitable for example to make sure that bikes are not stalled on the gallery, elevators are kept clean, etc..

Some internal regulations forbid smoking in the individual apartments, or having pets. This is overruled by court in case law. Smoking and having pets are a private matter. As long as they don’t bother the community with any nuisance, the VvE has no say in this.

Meetings and decisions

The VvE meets at least once a year. At the meeting, decisions are made, which are in turn implemented by the board of the VvE. If an owner disagrees with a decision, he can apply to the cantonal judge within one month to have the decision annulled. The cantonal judge can annul the decision in case he concludes that the prescribed process to come to the decision was not followed, or in case he concludes that the decision is contrary to one of the main rules of apartment right: all members in the community must behave to one another according the rules of reasonableness and fairness.

Resolutions that are contrary to the division deed or the division regulations are null and void and do not need to be annulled. For that purpose, one can go to the ordinary court to have the nullity determined. No specific time limit applies (except for the statute of limitations). A resolution in which, for example, a communal debt is divided among only a few owners, can be null and void.

 

The VvE-specialists of GMW lawfirm will be happy to represent or advise you in case of a VvE-dispute. You can contact us here. We can work it out!

Buying a house in the Netherlands: defects

A horrible scenario: you have bought a house and later discover defects and deficiencies. What to do and who is to blame? Or more importantly: who is legally responsible?

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Renting a house in the Netherlands: defects

Suppose you have come to the Netherlands and you have found a great place that you start renting. But then issues arise: a leakage in the kitchen, the heating does not function properly and you have unwanted small furry guests gnawing on the beams in the attic. Who is to blame, or better yet: who is legally responsible?

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Tenancy agreement – are you in the know?

When moving abroad for work, one of the most relevant issues that one needs to take care of is housing. Things to consider are the quality of the housing, price, one’s duration of stay and finding a place one can call home.

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Tenants: right to select a new housemate

Wouldn’t it be perfect if you rented a room and got to choose your own housemates? Just like in the TV series Friends, where Joey, Ross and the other tenants have their own room, while sharing the kitchen and bathroom.

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New EU regulations limit mortgage options for expats

On 14 July 2016, as a result of a new directive from Europe, the so-called Mortgage Credit Directive (MCD) under Dutch law has been amended. What does this amendment exactly entail?

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