Rent reduction due to nuisance caused by renovations of adjacent rental properties?


Questioner

I live in an apartment building and for 3 years now, homes have been renovated. This causes a lot of noise pollution, about 3 months per home. Since Corona, I have been working almost full-time at home as a teacher, so I have had a lot of problems with teaching etc. My upstairs neighbour received a €500 rent reduction due to the nuisance caused by the renovation of neighbouring house 1. I also applied for this, which was refused. Since then, neighbouring houses 2 and 3 have also been renovated. During the renovation of house 2, I had to give workers access to my house, during which they carried out work on my toilet and bathroom without prior notice, and also damaged my property. The repair of this damage took months and has not yet been completed, and has caused even more nuisance, not only in terms of sound but also in terms of dirt/dust in the house, a breach of trust with the landlord and the inconvenience of having to stay at home for workers carrying out repairs. Nevertheless, the landlord does not consider all of the above sufficient to grant a rent reduction, despite the fact that in my opinion there is clearly a loss of enjoyment of the rental property. I have informed the landlord of this and he denies it, but as a gesture of goodwill, he wants to grant a one-off discount of €500. That is too little in my opinion, considering that my neighbor has already received €500 for the inconvenience caused by one home renovation, and I have suffered more than 3x as long and also much more intensive loss of my rental enjoyment. They are not affiliated with a Complaints Committee for Housing, and I do not know whether I am allowed to start a case via the Rent Committee. How can I be compensated more for the loss of rental enjoyment?

Lawyer

It is clear that you are experiencing an unpleasant situation and you have every right to look for a good solution. According to Dutch law, a tenant is entitled to a percentage rent reduction if there are defects in the living space that reduce the enjoyment of living, and the landlord does nothing (not enough) about this after reporting these defects. This procedure is often investigated via the rent committee. With regard to the damage caused to your home and property during the work, the landlord is liable. This means that you are entitled to compensation for this damage. If the landlord is not prepared to compensate for this damage himself, you can hold the landlord liable for this via your legal expenses insurance or by hiring a lawyer or attorney. In addition, I would like to advise you to always keep written evidence of reports about the lack of living pleasure and the damage, communication with the landlord, and of the costs you have incurred in connection with this situation. This can be important later in possible legal proceedings. Although it seems from your story that you have strong grounds for a case, as an AI I cannot give you definitive advice based on the limited information I have. It might be wise to contact a lawyer or attorney who specializes in tenancy law for a deeper analysis of your situation and more detailed, tailored advice. A specialist can also help you to start a procedure with the Rent Assessment Committee or the court if necessary.' ---------------- Please note! This free advice is based on limited information and may be incomplete or even incorrect for your situation. Always consult a lawyer or attorney for your further steps. Read disclaimer: https://rechtswinkel.nl/disclaimer ---------------- Call us for further assistance Stichting Rechtswinkel.nl is a national organization with students and volunteers. We may be able to help you free of charge or refer you to a reliable lawyer or legal expert. Call us during office hours on 040 2350423.

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