Can a landlord start a renovation of my rental property if there is still a legal dispute?

Questioner

There have been serious defects in the house for 3 years, which were not remedied in a timely manner by the landlord, and there is still a dispute about this landlord wants to carry out a renovation that tenant has no confidence in Can a landlord simply start renovations if there are still unresolved disputes?

Lawyer

It depends on what kind of renovation it is. If it is a necessary renovation, or if it solves the problems, it can have negative consequences to prevent the landlord from carrying out the renovation. But that does not mean that the landlord can just do whatever he wants. What dispute is still ongoing? And can this dispute be resolved while the renovation is being carried out? Sometimes it is possible to write to the landlord and indicate that the renovation can be carried out under certain conditions. It is wise to have your situation properly examined legally in such cases. Based on the current information, I know too little to be able to give good advice. You can contact me through my profile if you have any questions or would like to discuss the matter without obligation.

Questioner

Thank you Dennis, in my case it concerns an ''unlawful'' rental contract because there was no proper delivery (pre-inspection) by the landlord. A supervisor of the corporation recently confirmed this and therefore no delivery dates have been recorded in the systems of the corporation, which should be in my opinion before the keys are handed over. General defects were already known in advance to the landlord but not reported to the tenant when the house was moved. A serious defect in a sewer connection occurred at the front of the house within the land registry, an open manhole connection from the house to the municipal sewer caused flooding of the toilet, shower, sink in the kitchen and washing machine drain. Faeces were pushed into the garden behind the house, etc. Long-term lack of living pleasure, continuous stench, sewer service could only flush temporarily, budget for adjusting the connection was not included in their contract with the landlord, etc.

Lawyer

That all sounds pretty intense and I can imagine that there will be no immediate trust in the landlord. In such cases it is often possible to get a reduction in the rent. Renovation is usually not possible without the tenant's permission. However, there may be situations in which, for example, a judge will rule that the tenant must cooperate if cooperation is wrongly refused. In such situations it is important to record your side of the story. For example, by maintaining contact with the landlord via email. This way you can later prove that you have been in contact and you can prove what has been said by the parties. What would you like to see resolved/arranged before the renovation starts? You can find some more information via the link below. https://www.juridischloket.nl/wonen-en-buren/huurwoning/renovatie-huurwoning/

Questioner

Hi Dennis, I shared my file with the landlord, with all the findings. They responded and it is now with the disputes committee. I asked for a normal reasonable compensation, given the major multi-year impact on living pleasure, whereby full rent has always been paid on time. There is also a case with the rent committee about this subject, which was temporarily closed when finally after 3 years budget was released to dismantle the well and to install a new connection to the main sewer. If necessary, I can reopen this case. What I am now concerned about is whether I am allowed to sign a renovation agreement (complex-wise more than 10 homes and with maintenance of the lease agreement), while it is not yet entirely certain whether my current lease was entered into lawfully and while there is still an ongoing dispute about the handling of a seriously disturbed living pleasure?

Lawyer

In that case, you could sign under reservation of all your rights. You can then clearly state that you are not waiving any claims and the possibility of still conducting a procedure about events in the past. And that agreeing to the renovation does not mean that the dispute is resolved. If it is sufficiently clear what the situation was (and is now) you can initiate or continue proceedings on that basis. In addition, you can indeed see whether you could reopen the case. If you agree with the renovation proposal in terms of content, you will not gain much by stopping it. It could even be judged that you are allowing the situation to continue longer than necessary and that you are thereby contributing to the continuation of the loss of living pleasure (at this time).

Questioner

Your answer confirms my suspicion of the best approach, thank you for your quick answers, this helps me a bit further. Furthermore, I try to look at the renovation as objectively as possible, I do this together with the neighbors and we look at what is best for all parties involved, I am not going to be a spoilsport in that, I will act professionally so that matters remain separate.

Lawyer

You're welcome. Good luck with the further course of renovation and the procedures regarding the situation from the past. Should any questions or situations arise for which you would like information, please feel free to contact me. You can find my contact details on my profile and via www.uygulvandam.nl.

Questioner

One last question Dennis, we are planning a complex renovation with retention of the lease agreement. The law attaches the 70% support scheme to this. The landlord has changed this in its general terms and conditions to ''a majority'' and I suspect this since 2014. We have a cluster of 14 homes that are involved. Most of them are very old and have never read all the small print when they signed the lease, and have never had an explanation of it, they only referred to the general terms and conditions on the website in the signing contract, which is actually 1 A4 page. Is it now the case that the landlord can simply carry out a six-month renovation with 51% approval statements by means of that adjusted text or does the 70% apply as Aedes advocates and the BW 7:220? Thanks again Edwin