Obligations of the landlord: what must you provide and repair?

As a landlord in the Netherlands, your obligations come down to one principle under Article 7:203 of the Dutch Civil Code (BW): you must make the property available and keep it fit for the agreed use. You hand it over in good order, repair defects once the tenant has reported them (Article 7:206 BW) and do not disturb the tenant’s enjoyment of the property.

Two limits matter. Minor day-to-day repairs are for the tenant of residential property, and which repairs count as “minor” follows the government’s Minor Repairs Decree (Besluit kleine herstellingen) under Article 7:217 BW, not the lease. Your repair duty only starts once you know about the defect, usually from the tenant’s report, and that report is also the date from which a rent reduction can run.

What must you make available as a landlord?

Article 7:203 BW obliges you to make the rented property available to the tenant and to keep it available for as long as the lease runs. Alongside this, Article 7:204 BW sets out what counts as a defect, and Article 7:206 BW adds the duty to repair it.

The agreed use determines what “available” means. Under the BW, the lease can cover:

• independent or non-self-contained living space (Articles 7:232-7:282 BW);
• retail space (Articles 7:290-7:310 BW);
• other business space and offices, which fall under the separate regime of Article 7:230a BW.

Whether you have met this obligation is judged against what you and the tenant wrote in the lease about the intended use. State that use precisely in the contract, because the outcome of a dispute before the subdistrict court (kantonrechter) often turns on exactly this.

In practice, this covers the basic facilities a tenant needs for that specific use. A tenant of retail space under Article 7:290 BW can expect a counter, fixed shelving or partition walls, while a space rented for storing waste paper or scrap metal comes with far more basic requirements.

When does a property have a defect?

Under Article 7:204 BW, a defect is a condition, feature or other circumstance not attributable to the tenant that stops the property giving the enjoyment a tenant may expect from a well-maintained property of that kind. Article 7:206 BW then obliges you to repair it once the tenant asks.

Case law under Article 7:204 BW reads “enjoyment” broadly. It can cover more than the physical condition of the property, such as its expected accessibility or outward appearance. Even so, a tenant cannot expect more than a well-maintained property of the same type.

Under Article 7:204(3) BW, the following are not defects:

• a circumstance attributable to the tenant on the basis of fault or risk;
• a circumstance relating to the tenant personally, such as an unusually low tolerance for everyday living noise;
• an actual disturbance by third parties without any claim of right, such as traffic noise or noise from a terrace next door;
• a claimed right without any actual disturbance, such as a neighbour who claims a right of way through the garden but never uses it.

What can the tenant do if you fall short?

If you fail to make the property available on time or in full, or if there is a defect, the tenant has four main remedies under Articles 7:206-7:210 BW:

• Repair. You must fix the defect unless that is impossible or requires expense that cannot reasonably be asked of you (Article 7:206(1) BW). If you refuse or fail to repair in time, the tenant may arrange the repair and deduct the reasonable cost from the rent; this protection cannot be excluded to the tenant’s disadvantage (Article 7:206(3) BW).
• Rent reduction. Under Article 7:207 BW, a reduction runs from the day the tenant properly reported the defect, for as long as it lasts, and can be claimed before the subdistrict court. For residential tenancies, the tenant can also go to the Rent Tribunal (Huurcommissie) if you have not repaired a serious defect within six weeks of a written report. The Tribunal lowers the rent temporarily to 20%, 30% or 40% of the current rent, from the first day of the month after the tenant’s request.
• Dissolution. If a defect you do not have to remedy makes the expected enjoyment completely impossible, both tenant and landlord may dissolve the lease by a written, out-of-court statement (Article 7:210 BW). If the other party disputes it, the matter still ends up in court.
• Compensation. Under Article 7:208 BW, damages are only due if the defect is attributable to you: for example, it arose because you did not maintain the property, or it already existed when the lease was signed and you knew or should have known about it, or you told the tenant the property did not have it.

What should you check as a landlord?

Most disputes under Articles 7:203-7:210 BW start with an unclear lease or a missed report. Check these points:

• Does the lease describe the agreed use and the facilities you provide precisely?
• Do you record the condition of the property in a signed inspection report (opleveringsrapport) at the start?
• Do you log every defect report with its date, as that date starts the repair duty and any reduction under Article 7:207 BW?
• Do you respond to written reports from residential tenants within six weeks, to avoid a Rent Tribunal procedure?
• Does your lease shift repairs to the tenant beyond the Minor Repairs Decree? For residential property that clause is not enforceable (Article 7:217 BW).

What should you check as a tenant?

As a tenant, your position under Article 7:206 BW depends largely on how and when you reported the defect. Check these points:

• Have you reported the defect in writing, with the date, photos and a copy you keep?
• Is the repair one of the minor repairs that the Minor Repairs Decree puts on you?
• Have you given the landlord a reasonable period to repair before arranging it yourself under Article 7:206(3) BW?
• For residential property: have six weeks passed since your written report, so you can apply to the Rent Tribunal?
• Do you keep paying the full rent until a reduction is agreed or decided? Withholding rent unilaterally exposes you to arrears.

What can we do for you with landlord obligations?

Our tenancy lawyers assist both landlords and tenants with defects and repair disputes:

• We review your lease and the defect report within one working day.
• We draft the written defect notice or the landlord’s response, with a clear repair period.
• We calculate a reasonable rent reduction under Article 7:207 BW.
• We prepare and file the request to the Rent Tribunal or the claim before the subdistrict court.
• We assess whether dissolution under Article 7:210 BW or a damages claim under Article 7:208 BW is available.

What a landlord may charge in deposit and service charges is covered in our article on deposits and service charges.

Summary

• You must make the property available for the agreed use (Article 7:203 BW) and repair defects once the tenant has reported them (Article 7:206 BW).
• A defect is any condition not attributable to the tenant that limits the enjoyment a tenant may expect (Article 7:204 BW).
• The tenant can demand repair, claim a rent reduction, or dissolve the lease if enjoyment becomes entirely impossible (Article 7:210 BW).
• Before the Rent Tribunal, a reduction runs from the first day of the month after the request, once six weeks have passed since a written report.
• Compensation is only due if the defect can be attributed to you as landlord (Article 7:208 BW).

Frequently asked questions