Allowed Deductions by Tenants in the Netherlands
As a tenant in the Netherlands, you have rights when something in your home breaks or does not meet reasonable living standards. This article explains in plain language when you may make deductions, who is responsible for minor maintenance and when you can demand repairs. You will read practical steps to report issues, which evidence is useful and when you can involve the Rent Tribunal or court. The text also discusses service charges, withholding rent and how to obtain prior permission or advice. The explanation is aimed at tenants who want to quickly know their options without complicated legal language.
What may a tenant deduct?
If a landlord neglects repairs, a tenant may sometimes withhold rent or recover costs under rules in the Civil Code Book 7.[1] This is allowed only in limited cases and requires good documentation and often written notice to the landlord first.
In most regions, tenants are entitled to basic habitability standards.
Common examples
- Minor repairs that the tenancy agreement assigns to the tenant, such as replacing loose sealant or bulbs.
- Deductions from rent are only permitted for serious, unresolved defects or for unjustified service charges.
- Recovering wrongly charged service costs can be done by written requests and, if necessary, via the Rent Tribunal.
Detailed documentation increases your chances of success in disputes.
How do I report defects?
Always report defects in writing and with evidence, such as photos and dates. Send the landlord a clear description and allow a reasonable period for repair. If the landlord does not respond or fails to fix the issue, you can involve the Rent Tribunal for disputes about service charges or reasonable rent adjustments.[2]
Practical steps
- Send a written notification by email or registered letter with date and photos.
- Allow a reasonable repair period, for example 14 days, and note that deadline.
- If there is no solution, collect documents and consider a request to the Rent Tribunal or the subdistrict court.[2][3]
Frequently asked questions
- May I withhold rent as a tenant?
- Only in exceptional cases and after written notice; consult Book 7 of the Civil Code for the rules. [1]
- When can I use the Rent Tribunal?
- For matters concerning service charges, the reasonableness of the rent and sometimes maintenance disputes; see the Rent Tribunal for procedures. [2]
- Do I pay for small repairs myself?
- That depends on your tenancy agreement; often small daily repairs are charged to the tenant unless agreed otherwise.
How-To
- Document the defect with photos, dates and, if possible, witnesses.
- Notify the landlord in writing and keep a copy.
- Wait a reasonable repair period and keep track of communication.
- Contact the Rent Tribunal or subdistrict court if the problem remains unresolved.[2]
Key Takeaways
- Collecting evidence is essential when making deductions or filing complaints.
- Always send a written notice and allow a reasonable time for repair.
- The Rent Tribunal handles many disputes about service charges and reasonable rent.
Help and Support / Resources
- Wetten.nl - Book 7 (Tenancy Law)
- Rent Tribunal - information and forms
- Government.nl - housing information
