Rental law: Kitchen and fence replacement


Questioner

Dear, My parents have lived in a rental house for 16 years. When they moved in, the kitchen and bathroom had just been installed. Now the kitchen is really due for replacement. The extractor hood isn't working, and the cabinets are worn out. The countertop also needs replacing. I read in the housing association's policy that they replace kitchens on a scheduled basis. I can't find out exactly when this is. How is this legally regulated? After how many years is the landlord obligated to replace the kitchen, especially if it has become worn out from normal use in a large family?

Questioner

The landlord must set aside funds from the rent fund for timely replacement or improvement. Specifically, for an average kitchen between 12 and 18 years old, this also includes a bathroom. The tenant can report this as a defect, its obsolescence, and the associated costs to the landlord. They can then demand a replacement or rent reduction. The tenant could then suspend part of the rent. If this concerns a social housing unit, a rent reduction could be requested through the Rent Assessment Committee after a points assessment. I can help with all of the above.

Questioner

Thank you for your reply. I will contact the housing association about what you mentioned.

Questioner

I have a follow-up question regarding the same landlord. They indicate they have no legal obligation to install a new kitchen. The kitchen replacement is scheduled for 2038 (!), so the kitchen will have been installed for over 35 years. According to the housing association employee, a kitchen should last that long with normal use. This is, of course, completely untrue. I also mentioned that the fence needs replacing. The neighbors also want a new fence because it's practically falling apart across the street. The employee here says the fence belongs to us, as it was installed by the previous residents. I can't follow this, as a fence is inherently part of the land and therefore becomes the property of the landlord. Is this correct?

Questioner

The fence also needs to be replaced by the landlord. The owner is responsible for this. The tenant is responsible for minor repairs, such as a paint job.

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