Tenants' rights in case of a broken dishwasher

Questioner

Good morning, we rent a private house and now the built-in dishwasher is broken, it gives an error code. I have properly informed the landlord but he says the following, it is not customary for equipment to be maintained by a landlord. Since he does not answer our questions, we are at our wits' end. WE pay a rent of 940 euros, so that is quite high. I hereby ask you what we can best do with this issue because we have also had a leak in the shed and then the landlord came to have a look but he said he had no money for it and I am afraid that this is the case again. We hope to have given enough information and hope for a quick answer. Kind regards.

Lawyer

The landlord is responsible for this. I quote: built-in kitchen appliances are generally considered to be immovable appurtenances to the home. These built-in appliances are then rented out with the home by the landlord. Repairs of, for example, a broken built-in refrigerator are then at the landlord's expense. * You must send a so-called defect letter (or have it sent), preferably by registered mail, with a demand to fully remedy the defect within 14 days. You can also announce that you will otherwise repair the defect yourself (or have it repaired) and charge the costs to the landlord (and if necessary offset them against the rent). Please feel free to contact me for a no-obligation consultation. * http://www.rijksoverheid.nl/onderwerpen/huurwoning/administratie-huurwoning

Lawyer

The fault code stands for something, is there no booklet or can you not find it on the internet? These minor repairs are for the tenant.

Lawyer

This is not a defect that falls under the decree on minor repairs. It concerns built-in appliances. See the link I gave you above.

Lawyer

That is possible, but it depends on the fault and whether or not it is built-in is not relevant to the question of whether there are minor repairs, see the list here: http://www.huurgeschil.nl/index.php?page=Besluitkleineherstellingen.php Heating systems also sometimes malfunction and the tenant is obliged to resolve the malfunction if it falls under the aforementioned decision, even though the system belongs to the rented property and is permanently connected to it. What you may ask of the landlord is that he gives you an immediate indication of what the fault entails so that you or the landlord can take the necessary measures, depending on the severity of the fault.

Lawyer

The government, which is also responsible for the Minor Repairs Decree, has a different opinion, as I have already indicated twice above. I quote again: Built-in kitchen appliances are generally considered to be immovable appurtenances to the home. These built-in appliances are then rented out with the home by the landlord. Repairs of, for example, a broken built-in refrigerator are then at the landlord's expense. Source: http://www.rijksoverheid.nl/onderwerpen/huurwoning/onderhoud-huurwoning

Lawyer

Unfortunately, the information that the government provides on this subject, but also on other subjects, is not always clear, too general and sometimes not applicable. You can also visit huurgeschil.nl . The site is always updated and deals with case law, i.e. everyday practice in these types of cases.

Lawyer

This information from the government is correct.

Lawyer

No, because as you can read in the decision itself, it states that parts that are part of the house can indeed show defects that the tenant must resolve, I quote line 1 i 'i. the maintenance and replacement, without incurring significant costs, of parts of technical installations located within the living area of ​​the rented property and forming part thereof, insofar as these activities are simple in terms of maintenance and do not require specialist knowledge, including in any case: - bleeding and refilling the water in the heating system; - restarting the heating system after a failure; - replacing filters of the (mechanical) ventilation and cleaning the grilles;

Lawyer

A dishwasher is not a technical installation as referred to in the decision. The government link that I already provided clearly states the rules from the decision. And above that on the same page is the government's comment that this concerns kitchen appliances and is therefore the landlord's responsibility. http://www.rijksoverheid.nl/onderwerpen/huurwoning/administratie-huurwoning. And below that the government refers to another site of their own: http://www.rijksoverheid.nl/onderwerpen/huurwoning/administratie-huurwoning. The relevant page of huurgeschil.nl no longer cites the government decision. The page is not recent, having been last updated in 2012 (!).

Lawyer

As I said, the government is contradictory in its information because whether or not a case is permanently connected to the house is not relevant, so there has been an incorrect translation from the decision to the text that is now being referred to. That happens often. The example is given of a broken built-in refrigerator, I won't argue about that. But it is not clear in advance whether the appliance is broken or not, it only indicates a malfunction. And just like a malfunction in another technical installation such as a boiler that indicates it needs to be vented, it may be that the dishwasher needs a simple filter change.

Lawyer

Well. Of course, we are not talking about resetting, refilling rinse aid, etc., but about a repair. The questioner clearly indicates that the dishwasher is broken.

Lawyer

By the way, what the government indicates is indeed legally relevant. See also various other sources including websites of landlords: http://www.google.nl/url?sa=t&rct=j&q=&esrc=s&source=web&cd=3&cad=rja&uact=8&ved=0CCwQFjAC&url=http%3A%2F%2Fwww.viveria.nl%2Fsites%2Fdefa ult%2Ffiles%2Fmaintenances_abc_versie_januari_2012.pdf&ei=IRI0VKW2H8HuaMWHgaAG&usg=AFQjCNFp0-LnBTzWogTXMU352p9F3L7xRg&bvm=bv.76943099,d.d2s http://www.kamerverhurenwoning.nl/maintenance/ http://www.mijnhuurwoning.com/het-houden-van-uw-huurwoning/ http://www.rechtswinkel.nl/ Answers/20771/aflopen-weekend-is-onze-vaatwasser-kapot-gaan-de-vaatwasser-zat-al-in-ons-appartement.html

Lawyer

It is not clear: a malfunction can be anything, also a warning that something needs to be replaced. The landlord must tell the tenant what the malfunction entails, to that extent he is already failing to meet his obligations. You could consider writing a letter and stating that you must now have the dishwasher checked, examined and if necessary repaired at his expense, even if this would fall under minor repairs. I would like to help you further with this.