What are my rights in case of defects in a rental property?

What does the law say?

If your rented property has a defect, your rights are firmly enshrined in law. You may demand repairs, request a rent reduction and, in some cases, claim compensation.

Section 7:204 of the Dutch Civil Code defines a defect as any condition or characteristic of the property that prevents you from enjoying the property to the extent that you, as a tenant, may reasonably expect (check this section on wetten.nl for the most up-to-date version). Think of leaks, mould, a broken heating system or a dangerous electrical installation. But more hidden problems also fall under this – as long as they hinder your use of the property.

Article 7:206 of the Dutch Civil Code obliges the landlord to repair a defect as soon as you request it (check this article on wetten.nl for the most up-to-date version). However, they are not required to repair it if repair is impossible, or if the costs are unreasonably high in relation to the defect. In practice, this rarely applies to ordinary maintenance defects.

Section 7:207 of the Dutch Civil Code entitles you to a temporary reduction in rent for as long as the defect persists (check this section on wetten.nl for the most up-to-date version). The reduction is proportionate to the severity of the defect. You can enforce this through the Rent Tribunal if you cannot reach an agreement with the landlord.

Section 7:208 of the Dutch Civil Code governs compensation (check this section on wetten.nl for the most up-to-date version). If the defect is attributable to the landlord and you suffer damage as a result – such as damaged furniture due to a leak – you may hold them liable for that damage.

When does this apply to you?

What constitutes a defect and what does not?

Not everything that is broken falls under the statutory defects scheme. There is an important distinction:

Landlord responsible: structural problems, structural defects, faulty installations (heating, electricity, plumbing), mould caused by damp problems in the building structure.
Tenant’s responsibility: minor day-to-day repairs. Think of lubricating taps, replacing faulty sockets, minor draught-proofing. This is set out in the Minor Repairs Decree.

Not sure who is responsible? Ask a lawyer or visit huurcommissie.nl.

When are you entitled to a rent reduction?

You can apply for a rent reduction if the defect is serious enough to significantly impair your enjoyment of the property. A leaking roof or a completely broken central heating system in winter: yes. A creaking floor or a slight draught: probably not.

When are you entitled to compensation?

You are entitled to compensation if:

the defect is attributable to the landlord,
you have suffered demonstrable damage as a result,
you have notified the landlord in good time.

Did you never report the defect? Then it is more difficult to claim compensation.

What if you caused the defect yourself?

In that case, the landlord is not obliged to repair it at their own expense. Do you disagree with the landlord about the cause? Then the Rent Tribunal or the court will decide.

Step-by-step guide – what can you do now?

Report the defect in writing. Send an email or letter with a clear description. Include photos. Set a reasonable repair deadline – normally two to four weeks. Keep a copy.
Wait for the deadline to pass. Does the landlord respond within that period and take action? Good. Does he do nothing? Then move on to the next step.
Send a reminder. Send a second written reminder. State that you are considering further action if they do not act. Mention the Rent Assessment Committee explicitly.
Submit a request to the Rent Assessment Committee. The Rent Assessment Committee will assess whether there is a defect and may impose a temporary rent reduction. Go to huurcommissie.nl to submit your request. You will pay a small fee.
Document the damage. Has the defect damaged your belongings? Take photos, keep receipts and note down what was damaged and when. Hold the landlord liable in writing.
Consult a solicitor in persistent cases. Is the landlord refusing to carry out repairs despite reminders and a Rent Tribunal ruling? A solicitor can enforce repairs or compensation through the courts.

Common mistakes

Mistake 1: Reporting the defect only verbally. A telephone conversation is difficult to prove. Always report defects in writing – by email or registered letter. Only then will you have proof that you informed the landlord in good time.

Mistake 2: Carrying out repairs yourself without prior agreement. Do not carry out repairs on your own initiative unless you have agreed this in writing. If you do so anyway, you run the risk that the landlord will not reimburse the costs.

Mistake 3: Stopping the rent. Never stop paying entirely – not even if the landlord does nothing. Keep paying and challenge the rent reduction separately through the Rent Tribunal. Rent arrears undermine your position.

Mistake 4: Waiting too long. The longer you wait, the harder it becomes to prove that the defect has been there for a long time. Report defects promptly and take action if the landlord does not respond.

Mistake 5: Forgetting to claim compensation. Many tenants only demand repairs. If the defect has also caused damage – to furniture, electronics or your health – you may be entitled to compensation. Report this in writing as well and provide evidence.

Frequently asked questions

Which defects must the landlord repair?

The landlord must repair all defects that significantly impair your enjoyment of the property and were not caused by you. Examples include leaks, mould caused by structural problems, a broken heating system or a faulty electrical installation. Minor day-to-day repairs are your responsibility as the tenant.

Can I pay less rent if the landlord fails to repair a defect?

Yes. Section 7:207 of the Dutch Civil Code entitles you to a temporary rent reduction for as long as the defect persists. You can apply to the Rent Assessment Committee if you cannot reach an agreement with the landlord. Do continue to pay your rent as normal whilst the matter is being resolved.

Can I claim compensation if my belongings are damaged by a leak?

Yes, if the leak is attributable to the landlord. Document the damage with photos and keep receipts. Hold the landlord liable in writing and state the damage you have suffered. If they do not respond, you can seek compensation through the courts.

What should I do if the landlord says I caused the defect myself?

Dispute this in writing and back up your position with evidence – photos, correspondence, inspection reports. Can’t reach an agreement? Then the Rent Tribunal or the court will decide who is responsible. A solicitor can help you strengthen your case.

Can I terminate the tenancy agreement if the property is unfit for habitation?

In exceptional cases, yes. If a defect is so serious that normal living is impossible and the landlord consistently refuses to take action, you can apply to the court to have the tenancy terminated. This is a drastic measure – always consult a lawyer first.

Relevant legal provisions

Consult the following articles via wetten.nl for the exact and current text:

Section 7:204 of the Dutch Civil Code – definition of a defect in residential tenancies
Section 7:206 of the Dutch Civil Code – landlord’s obligation to remedy defects
Section 7:207 of the Dutch Civil Code – reduction in rent in the event of defects
Section 7:208 of the Dutch Civil Code – compensation for defects attributable to the landlord
Decree on minor repairs – list of minor repairs to be paid for by the tenant
See also Book 7 of the Dutch Civil Code, section on residential tenancy law, for other provisions regarding maintenance and defects