Renovation with continued tenancy: what must a tenant accept?

Renovation with continued tenancy means that the landlord carries out work on the property while the lease runs on and the tenant stays. Dutch law allows this: under article 7:220 of the Dutch Civil Code (Burgerlijk Wetboek) a tenant must tolerate urgent works, and must cooperate with a renovation only if the landlord has made a written proposal that is reasonable. What the tenant does not lose is the right to a rent reduction, to compensation for damage and, where a move is unavoidable, to a statutory contribution towards moving costs.

Almost every dispute turns on two questions: is this urgent maintenance or a renovation, and is the landlord’s proposal reasonable? This guide applies to rented homes; the position for business premises differs, as our article on Dutch commercial tenancy law explains.

Is urgent maintenance treated differently from renovation?

Yes. Urgent works (dringende werkzaamheden) must be tolerated, while a renovation (renovatie) only binds you if the landlord’s written proposal is reasonable. That distinction is the first thing to establish, because the rules attached to each are different.

Must you let urgent works go ahead?

Yes, you must allow them, but you keep your claims for a rent reduction and damages. Urgent works are works that cannot reasonably be postponed until the end of the lease.

Replacing a failed boiler, repairing a leaking roof, dealing with subsidence, removing asbestos found during other work, renewing worn pipework: these are maintenance obligations of the landlord. Article 7:220, paragraph 1 of the Civil Code obliges the tenant to allow them.

Toleration is not acceptance without consequence. The same provision preserves your claims for a rent reduction, dissolution of the lease where the loss of enjoyment is severe, and damages. A landlord who closes off your bathroom for three weeks may do the work, but cannot also expect the full rent.

If you refuse access for urgent works, the landlord can ask the subdistrict court for an order granting access, with the costs of the proceedings and any damage caused by the delay for your account. The better response to badly organised works is to insist in writing on proper facilities and to claim the reduction and damages the law already gives you.

When must you cooperate with a renovation?

Only when the landlord has made a written proposal that is reasonable. If you do not agree, the landlord has to ask the subdistrict court to rule on it.

Renovation is improvement rather than repair: better insulation, a new kitchen or bathroom, a heat pump, or demolition and replacement. Under article 7:220, paragraph 2 of the Civil Code, a landlord who wants to renovate while the lease continues must make the tenant a written proposal, and the tenant must cooperate only if it is reasonable.

Reasonableness is assessed on all the circumstances. These include the nature and necessity of the work, the interests the landlord pursues, the consequences for this tenant, the duration and intensity of the nuisance, the facilities and compensation offered, and whether the rent will rise afterwards. A proposal to insulate a roof over two days at the landlord’s expense is easily reasonable. A proposal to strip the flat of an elderly tenant over four months, without alternative accommodation and with a substantial rent increase attached, is not.

If the tenant refuses to cooperate with a proposal the landlord considers reasonable, the landlord cannot force entry. The route is the subdistrict court (kantonrechter), which decides whether the proposal was reasonable. The landlord has to show that it was. That is precisely why the proposal should be specific: what will be done, in which rooms, on what dates, with what alternative facilities, at what cost to the tenant and with what effect on the rent.

How does the seventy per cent rule work in complexes of ten or more homes?

Where at least ten units forming one building are renovated, a proposal is presumed reasonable once at least seventy per cent of the tenants have agreed. A tenant who disagrees then has eight weeks to ask the court to rule otherwise.

Article 7:220, paragraph 3 of the Civil Code applies where the renovation concerns at least ten residential or business units that form a single structural unit.

A tenant who did not agree may ask the subdistrict court to rule that the proposal is not reasonable in their case, within eight weeks of the landlord’s written notice that seventy per cent has been reached. Let that period pass, and the proposal counts as reasonable in relation to you.

The seventy per cent is counted among the tenants of the units involved, not among those who attended a meeting, and the landlord must be able to prove the count. The presumption also does not extinguish your individual claims to compensation, a rent reduction or the moving costs contribution.

Engage before the seventy per cent count is taken: tenants who organise themselves early have real influence over the schedule, the facilities and the compensation. Our overview of tenant rights in the Netherlands sets out what you can insist on.

Can the landlord end the lease to renovate instead?

Only through the court, and only if the renovation is not possible with the tenant in place. Termination of the lease in order to renovate is a different route from renovation with continued tenancy, and the safeguards are considerably heavier.

A residential lease in the Netherlands does not end because the landlord gives notice. Notice only takes effect if the tenant agrees or if the court terminates the lease. The court may do so only on one of the grounds listed in article 7:274 of the Civil Code. One of those grounds is urgent own use. Article 7:274, paragraph 3 provides expressly that own use includes renovation of residential accommodation that is not possible without ending the lease.

The words “not possible” are the hinge. It is not enough that vacant possession would be cheaper, faster or more convenient. The landlord must make plausible that the intended work genuinely cannot be carried out with the tenant in place. Structural demolition and rebuilding will usually qualify. Replacing kitchens and bathrooms usually will not, because that can be organised in phases with temporary facilities. On top of that, the court must be satisfied that the tenant can obtain other suitable accommodation, and it will weigh the interests of both parties.

Where the lease is terminated on this ground, the court fixes a contribution towards the tenant’s removal and refurbishment costs. If the landlord plans to let the renovated property again on essentially unchanged terms, there is no own use and the renovation route applies instead. The eviction process for rented property always runs through the court, never through the Huurcommissie (Rent Tribunal).

What money can a tenant claim?

There are three separate entitlements: a contribution towards moving costs, a rent reduction and compensation for damage. They are regularly confused with one another, but they can exist alongside each other and they are claimed in different ways.

When is a contribution towards moving costs owed?

It is owed when the renovation makes it genuinely necessary for the tenant to move out. For self-contained homes the law sets a minimum amount.

Article 7:220, paragraph 5 of the Civil Code obliges the landlord to contribute to the costs the move brings with it. The statutory minimum for self-contained homes is set by ministerial regulation and adjusted each year on 1 March in line with the consumer price index. Use the figure published for the year in which the move takes place, not a number quoted in an older article or in a landlord’s letter. Any contribution the tenant receives from the municipality for the same move may be set off against it.

Relocation is necessary if essential facilities such as the kitchen, bathroom or heating will be out of use for a meaningful period, not merely because the work is unpleasant. A landlord who offers a temporary replacement home (wisselwoning) still owes the contribution, because it covers moving and refurnishing, not the rent of the substitute home.

A temporary home is normally provided under a separate use agreement, so that the original lease simply continues. Check before signing that it states that your lease remains in force, that you return to your own home after the work, and who pays the running costs in the meantime.

When can you claim a rent reduction during the works?

You can claim a proportionate reduction as soon as the landlord knows about the loss of enjoyment. Report it in writing, because that fixes the start date.

Under article 7:207 of the Civil Code a defect that diminishes your enjoyment entitles you to a proportionate rent reduction from the moment the landlord was notified or otherwise aware of it.

Two deadlines are strict. Before asking the Huurcommissie for a temporary reduction, you must give the landlord six weeks to remedy the defect. If you then wait more than six months after the notification, the reduction is limited to the six months before your request was submitted.

How are damage and extra expenses claimed?

As ordinary damages, with receipts, and not through the Huurcommissie. The landlord is liable where the damage is attributable to the landlord or the contractors engaged.

Damaged furniture, ruined flooring, the extra cost of eating out while the kitchen is unusable and additional heating costs are claimed as ordinary damages; the Huurcommissie has no jurisdiction over them.

In social housing much of this is arranged in a social plan (sociaal plan) that the housing association negotiates with the tenants’ organisation: a nuisance allowance, the moving contribution, the temporary home and the right to return. It is an agreement rather than a statutory obligation, and it cannot take away the statutory minimum for moving costs.

Can the rent go up after the renovation?

Yes, improvements can justify a higher rent. For regulated and mid-rent homes, the increase is capped by the points system, and you can have a proposed increase tested by the Huurcommissie.

For regulated homes, and since the Affordable Rent Act (Wet betaalbare huur) of 1 July 2024 also for mid-rent homes, the maximum rent follows from the points system (woningwaarderingsstelsel). Insulation, a new kitchen or a better energy label add points and therefore raise the maximum; above the regulated range, the lease terms decide.

A rent increase after improvements is a proposal, not a decision. The tenant of a regulated or mid-rent home who does not accept it can ask the Huurcommissie to test it against the points system and the annual maximum increase the government sets each year. Urgent maintenance does not by itself justify an increase.

Tenants of liberalised homes are in a weaker position on rent and should read their contract closely, because there the indexation clause largely determines what happens. Reviewing that clause before signing is the cheapest protection available, as our note on legal advice on contracts sets out.

What must the landlord arrange while the work is going on?

The home must stay fit to live in, essential facilities must keep working or be replaced, and nuisance must be limited as far as reasonably possible. These ordinary obligations do not pause because a project is running.

Water, electricity, heating and sanitation are essential facilities: if they are interrupted, the landlord must provide a workable alternative or accept that a rent reduction under article 7:207 is due. The landlord and contractors may not enter without your agreement except in an emergency; appointments belong in writing.

Noise, dust and working hours are governed by the environmental rules for construction work and any permit conditions. Beyond those, the landlord must limit nuisance with measures such as dust screens, a temporary kitchen or furniture storage, and remains responsible towards you for the contractors. The quality of the work itself is a matter of Dutch construction law; our guidance for builders and contractors covers that side.

Since 1 July 2023 the Good Landlordship Act (Wet goed verhuurderschap) requires landlords to inform tenants in writing about their rights and prohibits intimidation. It is enforced by the municipality, not the Huurcommissie, and gives tenants no veto over renovation. A landlord who uses the works to pressure a tenant into leaving acts in breach of it.

The deposit covers damage caused by the tenant, not the works or damage caused by contractors. A dated photo record or a joint inspection report before the work starts protects both parties.

Does it matter whether your landlord is a housing association or a private owner?

The statutory rules are the same for every landlord. What differs is the consultation process around them, which is much more developed in social housing.

Article 7:220 of the Civil Code applies to every landlord. In the social sector, the Tenants and Landlords Consultation Act (Wet op het overleg huurders verhuurder) also gives a recognised tenants’ organisation the right to information, consultation and advice on renovation plans, before the seventy per cent count is taken.

Private tenants have the same statutory rights but usually exercise them individually, so the written proposal is the document everything is measured against. The seventy per cent rule applies to private complexes of ten or more units as well. Our overview of your rights as a tenant applies to both sectors; the differences with business tenancies are set out in our comparison of property law and commercial tenancy law.

Landlords with temporary leases should check their position before starting work, see our article on temporary property rentals. Investors should factor the tenant position into the valuation, as discussed in Dutch real estate and common pitfalls in Dutch property law.

Where are renovation disputes decided?

Rent levels, rent increases, service charges and temporary rent reductions for regulated and mid-rent homes go to the Huurcommissie. Everything else goes to the subdistrict court. Choosing the right forum matters, because the two bodies have sharply divided competences.

The Huurcommissie deals with the rent level, a proposed increase, service charges and a temporary rent reduction for a defect in regulated and mid-rent homes. It charges a fee, which is refunded to a tenant who succeeds, and its decisions bind both parties unless one of them goes to the subdistrict court within the period stated in the decision.

The subdistrict court decides whether a renovation proposal is reasonable, whether the tenant must cooperate, whether the lease may be terminated, and claims for damages. Summary proceedings (kort geding) are available when work has started that should not have started. If your complaint concerns the way proceedings were handled rather than the outcome, you can file a complaint about a court.

Most renovation disputes are about scheduling, facilities and money, and are often solved faster by negotiation. Mediation is a realistic option because the tenancy usually continues for years.

What should you check as a tenant?

Your position depends on the written proposal and on the deadlines of article 7:220 and article 7:207 of the Civil Code. Check these points:

• Check whether the work is urgent maintenance or renovation, and whether you received a written proposal.
• Check the proposal for dates, rooms, alternative facilities, compensation and the effect on the rent.
• In a complex of ten or more units, note the date of the seventy per cent notice; the eight-week period runs from then.
• Report every loss of enjoyment in writing and keep a log of the days without essential facilities.
• Photograph the home before and during the work and keep receipts for every extra expense.
• Confirm oral promises by email the same day.

What should you check as a landlord?

A renovation that is not properly prepared ends up before the subdistrict court, where you must prove that your proposal was reasonable. Advice at the preparation stage is usually more useful than in litigation, as our note on working with property law specialists explains. Check these points:

• Make a specific written proposal: the work, rooms, dates, alternative facilities, compensation and rent effect.
• Keep proof of when and to whom the proposal was sent.
• For ten or more units, record each tenant’s consent so that you can prove the seventy per cent count.
• Budget at least the statutory moving costs contribution for every tenant who has to move out.
• For a housing association: involve the recognised tenants’ organisation before presenting the plan.
• Have a joint inspection report drawn up before the work starts.

What can we do for you with renovation with continued tenancy?

Our tenancy lawyers advise landlords, housing associations and tenants; read more about our tenancy lawyers in Eindhoven and Amsterdam and our approach to Dutch property and tenancy law:

• We draft a renovation proposal, or assess one you received, against article 7:220 of the Civil Code.
• We run or check the seventy per cent procedure and the eight-week period.
• We negotiate a social plan with the housing association or the tenants’ organisation.
• We claim or resist a rent reduction, damages and the moving costs contribution.
• We conduct proceedings before the Huurcommissie or the subdistrict court, including summary proceedings.

Summary

• Urgent works must be tolerated under article 7:220, paragraph 1 of the Civil Code, but you keep your claims for a rent reduction, dissolution and damages.
• A renovation only binds you if the landlord’s written proposal is reasonable; in a complex of ten or more units, seventy per cent agreement creates a presumption of reasonableness that you can challenge within eight weeks.
• Ending the lease to renovate is only possible through the court, and only if the work cannot be done with the tenant in place (article 7:274, paragraph 3).
• Moving costs, rent reduction and damages are separate claims; report defects in writing and watch the six-week and six-month periods for the Huurcommissie.
• Rent and temporary rent reductions for regulated and mid-rent homes go to the Huurcommissie; reasonableness, termination and damages go to the subdistrict court.

Frequently asked questions