Our landlord is not adhering to the contract

Questioner

We live in a student building with about 60 people at the Plantsoen in Wageningen. This letter to you is on behalf of all residents. For years, our rental contract states that we can nominate people to come and live with us when a room becomes available via hospiteren. This way of choosing new housemates has ensured that we have close-knit corridors with a lot of fun after years. However, our landlord has not adhered to this rule in the rental contract for two months, which means that we are no longer allowed to audition or sublet. This was not officially communicated and we heard about it through our concierge. The landlord chooses the people himself, without discussing this with us. Our contract states that we can propose people ourselves and that the landlord accepts them in principle, unless the landlord has a valid reason to refuse this person (article 16). Our property manager CRMD is very difficult to reach and does not want to discuss this with us, as we have tried this many times before. We have often let them know that we strongly disagree with the decisions taken, but they do not listen. CRMD has also decided that the newly available rooms will be furnished and rented out at a higher price to tenants that we cannot choose ourselves. We have already been in contact with some organizations and parties and have been told that we could have a legal chance. We have received this advice: The right to choose new tenants is the co-optation right. This can be explicit or implicit. Explicit means that it is established in the rental contract. That is the case with you, now that there is the possibility for tenants to influence the choice of a new housemate. The landlord does not have the right to simply change this. CRMD is therefore not adhering to the contract, this is a shortcoming in the performance of the contract. We recommend that you put CRMD in default, so that there will hopefully be a response or you can take further legal steps. You do this by sending a registered letter in which you give CRMD a reasonable period of time to comply with the contract again. In addition, we have also had email correspondence about this with CRMD, this can be read in the attached pdf. In addition, our contract is also attached in the email. We are at our wits end and fear for the future of this cozy building. Would you like to help us further in this to find out whether the decisions taken are legally correct or whether CRMD is taking illegal decisions? We look forward to hearing from you and will be happy to answer any questions you may have. Thanks in advance and kind regards,

Lawyer

In principle you have already received good advice, except that I can add that not every shortcoming justifies further steps. In addition, you (all) must be prepared to fight this out up to and including the rent committee or subdistrict court judge to start investigating whether this is wise and whether it leads to the desired result. Please contact me, perhaps I have a nice proposal to pick it up from az for you, see my website and e-mail address info@rechtinjestad.nl