What can I do if my landlord is not doing maintenance?

What does the law say?

Your landlord is legally obliged to keep the property in good condition. If they fail to do so, you have strong rights – ranging from demanding repairs to reducing your rent.

Section 7:204 of the Dutch Civil Code defines a defect as any condition or characteristic of the property that prevents you, as a tenant, from enjoying the property to the extent that you might reasonably expect from a well-maintained property (check this section on wetten.nl for the most up-to-date version). Think of leaks, mould, a broken heating system, pests or a dangerous roof. These are defects for which the landlord is responsible.

Article 7:206 of the Dutch Civil Code obliges the landlord to remedy defects 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 carry out repairs if it is impossible to do so or if the costs are unreasonably high in relation to the severity of the defect. In practice, this is rarely a valid excuse for simply overdue maintenance.

Section 7:207 of the Dutch Civil Code entitles you to a rent reduction for as long as the defect persists (check this section on wetten.nl for the most up-to-date version). The reduction is proportional to the severity of the defect. You can agree this with the landlord yourself, or enforce it through the Rent Assessment Committee.

Section 7:208 of the Dutch Civil Code provides for compensation if the landlord is liable for the defect and you suffer damage as a result (check this section on wetten.nl for the most up-to-date version). Has damp damaged your furniture? Then you can hold the landlord liable for that damage.

When does this apply to you?

What maintenance is the landlord’s responsibility and what is yours?

Not all repairs are the landlord’s responsibility. The Minor Repairs Decree (a separate decree under the Act) specifies which minor jobs the tenant must carry out themselves. Examples include: lubricating taps, replacing sockets, minor draught-proofing or garden maintenance. Anything larger, structural or technical is the landlord’s responsibility.

Examples of defects that are the landlord’s responsibility:

Leaks through the roof or façade
Structural mould caused by damp problems in the building structure
Faulty central heating or boiler
Faulty electrical wiring
Pests due to defects in the building structure
Dangerous stairs or handrail

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. Minor inconveniences do not usually entitle you to a reduction. A completely broken heating system in winter does.

What if you caused the defect yourself?

In that case, the landlord is not obliged to repair it at their own expense. For example, if you caused a leak yourself through misuse, you are liable for the repair costs. If you disagree with the landlord about the cause, the Rent Assessment Committee or the court will decide.

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

Report the fault to your landlord in writing. Send an email or letter with a clear description of the problem. Include photos. Set a reasonable deadline for repair – in most cases, two to four weeks is reasonable. Keep a copy.
Send a reminder if they do not respond. Has the deadline passed and nothing has happened? Send a second letter. State that you are considering further action – including a request for a rent reduction to the Rent Assessment Committee.
Document everything with evidence. Take photos and videos of the defect. Note the date on which you first reported it. Save all correspondence. You will need this evidence for the Rent Assessment Committee or a court.
Submit a request to the Rent Assessment Committee. The Rent Assessment Committee can assess whether there is a defect and impose a temporary rent reduction for as long as the defect persists. Go to huurcommissie.nl to submit your request.
Claim compensation if you have suffered damage. Has the defect damaged your belongings? Document the damage and hold the landlord liable. Do this in writing, with a summary of the damage suffered and the compensation sought.
Consult a solicitor in persistent situations. Is the landlord consistently refusing to carry out repairs despite reminders and a ruling from the Rent Tribunal? In that case, a solicitor can help you enforce repairs or compensation through the courts.
Consider terminating the tenancy as a last resort. In exceptional cases – if the property is uninhabitable or the landlord completely refuses to act – you can apply to the court to have the tenancy agreement terminated. Always consult a solicitor for this.

Common mistakes

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

Mistake 2: Carrying out repairs yourself and later seeking reimbursement of the costs. Do not carry out repairs on your own initiative if this is not necessary, unless you have agreed this in writing. If you do so anyway, you run the risk that the landlord will not reimburse the costs and that you will accept liability for the repair.

Mistake 3: Stopping rent payments entirely. Never stop paying rent entirely – not even if the landlord fails to carry out repairs. Continue paying and challenge the rent reduction separately through the Rent Tribunal. Rent arrears give the landlord grounds to seek eviction.

Mistake 4: Waiting too long to take action. Maintenance issues rarely resolve themselves. The longer a defect remains unaddressed, the harder it becomes to prove that the landlord is responsible.

Mistake 5: Not knowing what constitutes minor maintenance. Some jobs are legally the tenant’s responsibility. If you send a bill for these anyway, the landlord will probably not pay. Check the Minor Repairs Decree or ask a lawyer what applies to your situation.

Frequently asked questions

What should I do if my landlord ignores my report?

Send a second reminder with a clear deadline. If they still do not respond, you can submit a request to the Rent Assessment Committee for a rent reduction. The Rent Assessment Committee will assess whether there is a defect and may impose a temporary rent reduction.

Can I reduce the rent if my landlord does nothing about the mould?

Yes, if the mould is a defect attributable to the landlord – i.e. not caused by insufficient ventilation on your part. Structural mould resulting from structural problems constitutes a defect within the meaning of Section 7:204 of the Dutch Civil Code. You can apply for a temporary rent reduction via the Rent Assessment Committee.

Can I hire a contractor myself if the landlord refuses to carry out repairs?

In principle, not without permission – in which case the costs will usually be borne by you. There is an exception for urgent repairs: if the landlord cannot be reached and there is an immediate danger, you may take emergency measures. Always report this immediately in writing and keep all receipts.

How do I apply for a rent reduction from the Rent Tribunal?

Go to huurcommissie.nl and submit a petition. You will pay a small fee. The Rent Tribunal will assess the defect and may impose a temporary rent reduction for as long as the defect persists. If your case is upheld, the landlord will reimburse the costs.

Can I terminate my 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 refuses to take action, you can apply to the court to have the tenancy agreement terminated. This is a drastic measure – always consult a solicitor first before taking this step.

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
Article 7:207 of the Dutch Civil Code – rent reduction 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