Landlord refuses to connect central hot air heating.

Questioner

The main tenant of a retail property in H. has terminated the lease and left the property as of 1 January 2024. We have been the (sub)tenants since 2011. We rent at an all-in price, so including gas, water and electricity and do not intend to move. As a result, we have automatically become the main tenant. Dissatisfied with the fact that we are not leaving the building, the landlord now first threatens us with eviction on penalty of 250 euros per day and then he switches off the central hot air heating. We first thought that he did this by accident, but given his refusal to give us access to the thermostat of the heating, it appears that he deliberately withholds this access. He advises us: 'Just buy a few electric heaters' (4000 watts??). The result is that since 1 January 2024 we have been living in a cold house because we cannot manage with electric heaters. The reason that he refuses to connect us to the (central) hot air heating is that he does not want to heat the empty shop. That is nonsense because he can operate it separately and therefore does not have to incur unnecessary costs. Because the thermostat in our house has not worked for years and the reports about this have always been ignored by him, we are dependent on the thermostat in the shop. He does not give us access to it. It's been 15 degrees Celsius for days now.

Lawyer

The situation you describe seems very uncomfortable and possibly in conflict with tenancy law. According to Dutch tenancy law, the landlord must ensure that the rented home or space has the necessary facilities. Switching off the central heating can be seen as a violation of this duty. First of all, although you indicate that you rent all-in, this does not automatically mean that you have now become the main tenant. In general, a rental agreement does not automatically transfer to the subtenant when the main tenant leaves. A new rental agreement may have to be drawn up. If your landlord refuses to turn the central heating back on or give you access to the thermostat, there are a number of steps you can take: 1. Talk to your landlord: Explain your situation and try to reach a compromise. This is often the quickest and least expensive solution. 2. Send a reminder: If conversations do not help, you can send a reminder letter. In this letter you officially ask your landlord to fulfill his obligation and repair the heating. 3. Legal action: If the landlord continues to refuse, you can take legal action. For example, it may be possible to enforce an obligation to repair the heating through the court. In your situation, it is advisable to seek professional legal advice. This can be done, for example, by consulting a lawyer specialized in tenancy law. This advice can help you to better understand and navigate the situation. -------------- Stichting Rechtswinkel.nl is a national organization with students and volunteers. The above 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 I would like to invite you to rate the above answer so that we can learn from your response.