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 a tenant must tolerate urgent works, and must cooperate with a renovation 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.
That single article does most of the work in this field, and almost every dispute turns on the same two questions: is this urgent maintenance or a renovation, and is what the landlord proposes reasonable. The answers determine whether you can refuse, what you are owed, and which body decides. This guide sets out the framework for both sides, and it applies to rented homes; the position for business premises differs on several points, as our article on Dutch commercial tenancy law explains.
Urgent works and renovation are two different things
The distinction between dringende werkzaamheden (urgent works) and renovatie (renovation) is the first thing to establish, because the rules attached to each are different.
Urgent works: you have to let them in
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 discovered during other work, renewing worn pipework: these are maintenance obligations of the landlord, and article 7:220, paragraph 1 obliges the tenant to allow them.
Toleration is not the same as acceptance without consequence. The same provision expressly preserves the claims the tenant already had: a reduction of the rent, dissolution of the lease where the loss of enjoyment is severe enough, and damages. In other words, you cannot block necessary maintenance, but you do not have to bear its full burden either. The landlord who blocks off your bathroom for three weeks is entitled to do the work; the landlord who then also expects the full rent is not on solid ground.
What happens if the tenant simply refuses to let the work take place? For urgent works the answer is uncomfortable. The landlord can ask the court for an order granting access, and a tenant who obstructs necessary maintenance risks being ordered to allow it, to pay the costs of the proceedings, and to compensate the landlord for damage that the delay causes, such as water damage that spreads because a leak was not repaired. Refusal is also conduct that a court can weigh in later proceedings about the tenancy itself. The right response to badly organised urgent works is therefore not to refuse access but to insist in writing on proper facilities and to claim the reduction and the damages the law already gives you.
Renovation: a proposal you can test
Renovation is different in character. It is not repair but improvement: better insulation, a new kitchen or bathroom, the addition of a balcony, a heat pump, or demolition and replacement of the building. Improvement is not something a landlord may simply impose. Under article 7:220, paragraph 2 the landlord who wants to renovate while the lease continues must make the tenant a written proposal, and the tenant must cooperate only if that proposal is reasonable.
Reasonableness is assessed on all the circumstances: the nature and necessity of the work, the interests the landlord pursues, the consequences for this tenant, the duration and intensity of the nuisance, what is being offered by way of facilities and compensation, and whether the rent will rise afterwards. A proposal to insulate a roof over two days at the expense of the landlord is easily reasonable; a proposal to gut 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 kantonrechter (subdistrict court), which decides whether the proposal was reasonable. The burden of showing reasonableness is on the landlord, which 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.
The seventy per cent rule for complexes of ten or more homes
Most large renovations affect whole blocks rather than single flats, and article 7:220, paragraph 3 provides a mechanism for that situation. Where the renovation concerns at least ten residential or business units that form a single structural unit, a proposal is presumed to be reasonable once at least seventy per cent of the tenants involved have agreed to it.
The presumption is powerful but it is not the end of the matter. A tenant who did not agree may ask the court, within eight weeks of being notified in writing by the landlord that seventy per cent has been reached, to rule that the proposal is not reasonable in their case. That eight-week period is short and it is strict: let it pass, and the proposal counts as reasonable in relation to you, with the practical consequence that you must cooperate.
Two points are regularly misunderstood. First, the seventy per cent is counted among the tenants of the units involved, not among the households that attended a meeting, and the landlord has to be able to demonstrate the count. Second, the presumption concerns the reasonableness of the proposal as a whole; it does not extinguish an individual tenant claim to compensation, to a rent reduction during the works, or to the contribution towards moving costs. If you have a personal circumstance that makes the standard package unreasonable for you, such as a medical condition that makes living on a building site untenable, that is exactly what the eight-week route exists for.
For tenants, the practical advice is to engage early rather than to wait. Once the threshold has been reached, your position is defensive and running to a deadline. Before that point, tenants who organise themselves have real influence over the schedule, the facilities and the compensation, and our overview of tenant rights in the Netherlands sets out what you can insist on.
When the landlord wants the property empty instead
Renovation with continued tenancy is one thing; termination of the lease in order to renovate is another, 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, and 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.
That word not possible is 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 removal and refurbishment costs of the tenant. And there is a further protection that is easily overlooked: if the plan is to let the renovated property again on essentially unchanged terms, the situation is not one of own use at all, and the landlord should be following the renovation route with a reasonable proposal rather than the termination route. Attempts to use renovation as a lever to remove a tenant on a regulated rent are treated sceptically by the courts. The eviction process for rented property only ever runs through the court, never through the landlord alone, and never through the Huurcommissie, which has no power at all over the continuation of a lease.
Money: moving costs, rent reduction and damage
Three separate entitlements are regularly confused with one another. They can exist alongside each other, and they are claimed in different ways.
The contribution towards moving costs
Where the renovation makes it necessary for the tenant to move out, article 7:220, paragraph 5 obliges the landlord to contribute to the costs the move brings with it. For self-contained homes a statutory minimum applies. That minimum is set by ministerial regulation and adjusted each year on 1 March in line with the consumer price index, so the figure to use is the one published for the year in which the move takes place rather than a number quoted in an older article or in a landlord letter. Any contribution the tenant receives from the municipality for the same move may be set off against it.
The entitlement arises when relocation is genuinely necessary, which is a question of fact: it is not necessary merely because the work is unpleasant, and it is necessary if essential facilities such as the kitchen, the bathroom or the heating will be out of use for a meaningful period. A landlord who offers a wisselwoning (temporary replacement home) still owes the contribution, because the statutory minimum covers the costs of moving and refurnishing, not the rent of the substitute home.
One practical point about the wisselwoning is worth noting. It is normally made available under a separate use agreement rather than a new lease, precisely so that no second tenancy arises and the original lease simply continues to run. Read that document before signing it: it should state that your existing lease remains in force, that you return to your own home when the work is finished, and who pays the running costs of the temporary accommodation in the meantime.
Reduction of the rent while the work continues
If the enjoyment of the property is diminished by a defect, article 7:207 of the Civil Code entitles the tenant to a proportionate reduction of the rent from the moment the landlord was properly notified or was otherwise sufficiently aware of the problem. Notification in writing is therefore not a formality; it fixes the date from which any reduction runs.
Two deadlines matter here and both are strict. A tenant who wants the Huurcommissie to set a temporary reduction must give the landlord six weeks to remedy the defect first, and the request itself must be made within six months of the notification. If the six-month period is exceeded, the reduction can no longer be claimed for the whole period: it is limited to the six months preceding the date on which the claim or the request was actually submitted. Tenants who spend a year in correspondence with a housing association before taking a step routinely lose most of their claim this way.
Damage and additional expenses
Compensation for damage is a separate matter again, and it follows the ordinary rules: the landlord is liable for damage caused by the work where that damage is attributable to the landlord or the contractors engaged. Damaged furniture, ruined flooring, a laptop destroyed by building dust, the extra cost of eating out while the kitchen is unusable, additional heating costs when a wall is open in winter: these are claimed as damages, with receipts, and not through the Huurcommissie, which has no jurisdiction over them.
In social housing much of this is arranged in advance in a sociaal plan (social plan), the package that a housing association negotiates with the tenants organisation before a large project: a fixed nuisance allowance, the moving contribution, the terms on which a wisselwoning is offered, and the guarantee that tenants may return. Such a plan is a matter of agreement rather than a statutory obligation, which is exactly why its content is worth negotiating and why the tenants organisation matters. It cannot take away the statutory minimum for moving costs.
What happens to the rent after the renovation
Improvements can justify a higher rent, and this is the point at which many tenants first realise what a renovation will cost them in the long run.
For regulated homes and, since the Wet betaalbare huur came into force on 1 July 2024, for the mid-rent segment as well, the maximum rent follows from the woningwaarderingsstelsel (housing valuation system), the points system that scores a home on surface area, facilities, the energy label and other characteristics. Insulation, a new kitchen or a better energy label add points and therefore raise the maximum. Above that regulated range the points system does not cap the rent, but the terms of the lease still do.
A rent increase during the lease is a proposal, not a decision. The tenant of a regulated or mid-segment home who does not accept a proposed increase after improvements can bring the point before the Huurcommissie, which assesses the increase against the points valuation and the applicable rules. There is also an annual maximum increase percentage; it is fixed by the government each year and published before the usual increase date, so ask what applies in the current year rather than relying on a figure from an older source. What a landlord may not do is present the higher rent as a condition of tolerating work that is in fact urgent maintenance: maintenance is an obligation, not an improvement, and it 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 the landlord must arrange while the work is going on
Alongside the rules on proposals and compensation, the landlord carries ordinary obligations that do not pause because a project is running.
The property must remain fit to live in. Water, electricity, heating and sanitation are essential facilities, and if they are interrupted the landlord must provide a workable alternative or accept that a rent reduction is due. Access to the home may not be taken for granted either: a landlord and the contractors have no right to enter without the agreement of the tenant except in an emergency, and appointments should be made in writing. Keys handed to a contractor without a clear arrangement are a frequent source of conflict.
Noise, dust and working hours are governed by the environmental rules for construction work and by the conditions attached to any permit, which in practice confine noisy work to daytime hours on working days. Beyond those rules, the landlord must limit nuisance as far as reasonably possible: dust screens, a covered walkway, a temporary kitchen, storage for furniture. Whether enough has been done is judged on the specific situation, and it is the sort of question on which a court will look closely at what was promised in the proposal. The quality and safety of the work itself is a matter of Dutch construction law, and the landlord remains responsible towards the tenant for the conduct of the firms engaged; our practical guidance for builders and contractors sets out the other side of that relationship.
Since 1 July 2023 the Wet goed verhuurderschap (Good Landlordship Act) has added a set of basic standards to this. The Act requires landlords and letting agents to inform tenants in writing about their rights and obligations, prohibits discrimination and intimidation, regulates the deposit and its return, and requires a specification of service charges. Enforcement is a matter for the municipality, which must operate a reporting point and can impose penalties, and municipalities may also introduce a permit requirement for letting. This is worth knowing precisely because it is often misdescribed: the Act does not give tenants a veto over renovation plans and it is not enforced by the Huurcommissie. Where it bites in a renovation context is on information and on conduct, and a landlord who uses the prospect of works to pressure a tenant into leaving is squarely in breach of it.
The deposit deserves a separate word. It exists to cover damage caused by the tenant, and it may not be used to fund the works or to cover damage caused by the contractors. Recording the condition of the home before the work starts, with dated photographs and preferably a joint inspection report, protects both parties and prevents the argument about who caused what from becoming unanswerable.
Social housing, tenant participation and the private sector
The formal rules of article 7:220 apply to every landlord, from a housing association with ten thousand homes to a private owner with one flat. What differs is the machinery around them.
In the social sector the Wet op het overleg huurders verhuurder (Tenants and Landlords Consultation Act) gives a recognised tenants organisation the right to information, to be consulted and to give advice on policy that affects tenants, which expressly includes major maintenance and renovation. A housing association that presents a plan to individual tenants without having gone through that process has skipped a step, and tenants organisations use it effectively to improve the package before the seventy per cent count is ever taken. Associations also work with a social plan as described above, and their decisions can be raised with the internal complaints procedure and, in some cases, with the regional dispute committee.
Private tenants have the same statutory rights but must usually exercise them individually, and there is no consultation obligation of the same kind. That makes the written proposal even more important as the document against which everything else is measured. Tenants in a private block who are all affected by the same plan can nevertheless organise informally, and it is worth doing: the seventy per cent rule applies to private complexes of ten or more units as well, which means that individual tenants who stay silent may find the plan settled without them. Our overview of your rights as a tenant applies to both sectors, and the differences between residential and business tenancies are set out in our comparison of property law and commercial tenancy law.
Landlords who let temporarily or through a specific temporary regime should check their position before starting work, because the rules on termination and on the offer of a return differ; the practical points are collected in our article on temporary property rentals. Investors assessing a portfolio should also factor the tenant position into the valuation, a point we develop in our discussion of Dutch real estate and of the common pitfalls in Dutch property law.
Where disputes are decided, and how to prepare one
Choosing the right forum is half the battle, because the two bodies that matter have sharply divided competences.
The Huurcommissie (Rent Tribunal) deals with rent and with defects in regulated and mid-segment homes: the level of the rent, a proposed increase, service charges, and a temporary reduction of the rent on account of a defect. It charges a fee, which is refunded to the tenant if the tenant succeeds, and its decisions bind both parties unless one of them takes the matter to the subdistrict court within the period stated in the decision. Proceedings take months rather than weeks, which is another reason not to let the six-month period for a rent reduction run out.
The kantonrechter decides everything else: whether a renovation proposal is reasonable, whether the tenant must cooperate, whether the lease may be terminated, claims for damages, the enforcement of agreements, and applications to stop work that is being carried out unlawfully. Interim relief is available where the situation is urgent, which matters when work has started that should not have started. Legal aid may be available depending on income, and it is worth asking about at the outset rather than after the costs have been incurred. If your complaint concerns the way proceedings themselves have been handled rather than the outcome, there is a separate route to file a complaint about a court.
Between those two sits negotiation, and in this field it is genuinely the most productive route. Most renovation disputes are about scheduling, facilities and money rather than about principle, and they are solved faster around a table than in a procedure. Mediation is a realistic option where the relationship has to continue for years afterwards, which in a tenancy is almost always the case.
Build the file before you need it
Whichever route you take, the outcome depends on what you can prove. Keep the written proposal and every letter and email about it. Photograph the condition of the home before the work starts and at intervals during it, with dates. Keep a short log of the days on which essential facilities were unavailable, since a claim for a reduction stands or falls on the period, not on the general impression that it was unpleasant. Keep receipts for every expense caused by the work. Confirm oral promises in a brief email the same day, because a promise nobody recorded tends to evaporate at the point where it matters.
Landlords should keep the mirror image of the same file: the proposal, the evidence that it was sent and to whom, the record of consent for the seventy per cent count, the notification letters, the appointment history, and the inspection reports. A well-documented project is not only easier to defend but usually runs into fewer disputes in the first place, and the specialists in this field earn their keep in the preparation rather than in the litigation, as our note on working with property law specialists explains.
Where to go from here
The core of renovation with continued tenancy is a balance the legislature has already struck. A landlord may maintain and improve a property and does not need the agreement of every tenant to do it. A tenant may not obstruct necessary work but is entitled to a proposal that is genuinely reasonable, to facilities while the work goes on, to a reduction of the rent when enjoyment is impaired, to compensation for damage, and to a statutory contribution when a move cannot be avoided. Almost everything that goes wrong goes wrong because one side treated a step as a formality: a proposal that is too vague to test, a deadline allowed to run, a promise never written down.
Law & More advises landlords, housing associations and tenants on renovation with continued tenancy: assessing or drafting the proposal, running the seventy per cent procedure, negotiating a social plan, claiming or resisting a rent reduction and moving costs, and conducting proceedings before the Huurcommissie or the subdistrict court. If you have received a renovation proposal or are preparing one, our tenancy lawyers are happy to look at it with you before positions harden. You can read more about our approach to Dutch property and tenancy law on our practice page.
Frequently asked questions
Landlords must follow specific legal steps before starting a renovation, and tenants have clear rights to proper information, liveable conditions and compensation. Notice, compensation and dispute resolution all follow from Dutch tenancy law.
What legal steps must landlords take to initiate a renovation with tenants in place in the Netherlands?
Landlords must provide written notice to tenants before beginning any renovation work. The notice should detail the nature of the work, expected duration, and how it will affect the property.
If the renovation is substantial, landlords may need to consult with tenants beforehand. Housing associations in practice draw up a social plan or social statute that outlines tenant rights and compensation.
For major works affecting multiple units, landlords should hold meetings with tenants to discuss the renovation plans. This consultation process allows tenants to raise concerns and request adjustments to the proposed timeline.
How can tenants ensure their rights are respected during a renovation period?
You should request all renovation details in writing from your landlord. This documentation should include the scope of work, timeline, and any arrangements for maintaining essential services.
Review your tenancy agreement and any social plan provided by your housing association. These documents outline your specific rights and the compensation you may be entitled to receive.
Contact the Woonbond (Dutch Tenants Association) if you need guidance on your rights. They can provide information specific to your situation.
Document everything with photos, written records, and correspondence with your landlord. Keep copies of all communications and note any disruptions to your living conditions.
What constitutes reasonable notice for tenants prior to the commencement of renovation works?
The law does not specify an exact notice period for all renovation types. However, landlords must give reasonable advance warning that allows tenants to prepare adequately.
For minor repairs and maintenance, several days’ notice is typically considered sufficient. Major renovations requiring temporary relocation usually need several weeks or months of advance notice.
The notice period should reflect the renovation’s impact on your daily life. Work that disrupts essential services like water, heating, or electricity requires more advance warning than cosmetic improvements.
Are tenants in the Netherlands entitled to compensation or rent reduction during renovations?
You may be entitled to compensation if renovations significantly affect your ability to use your home. This is particularly true when the work impacts essential facilities or forces you to relocate temporarily.
Housing associations often provide relocation compensation through their social plan. This can cover moving costs, temporary housing expenses, and inconvenience payments.
Rent reductions may apply if the renovations substantially decrease your living space or make parts of your home unusable. You can request an assessment from the Huurcommissie (Rent Tribunal) to determine if a temporary rent reduction is warranted.
Private landlords are not automatically required to reduce rent, but they must maintain the property’s livability. If they fail to do so, you have grounds to pursue compensation through legal channels.
What are the specific responsibilities of landlords to maintain living conditions during renovations?
Your landlord must ensure your home remains habitable throughout the renovation period. This includes maintaining access to essential services like water, electricity, heating, and sanitation.
If the work makes your home temporarily uninhabitable, your landlord must provide suitable alternative accommodation. The temporary housing should be comparable to your current home and not cost you more in rent.
Landlords must take reasonable steps to minimise noise, dust, and disruption during working hours. They should inform you of the daily schedule and any changes that might affect your routine.
The property must remain secure during renovations. Your landlord is responsible for ensuring that contractors lock doors and windows and that your belongings remain safe.
How can disagreements between landlords and tenants regarding renovations be resolved legally?
Start by attempting direct negotiation with your landlord. Put your concerns in writing and request a formal response to create a clear record of the dispute.
Seek mediation services to resolve the conflict without going to court. Many municipalities offer mediation programmes that help landlords and tenants reach agreements.
Contact the Huurcommissie if the dispute involves rent, living conditions, or service charges. They can make binding decisions on many renovation-related issues.
Their services cost significantly less than court proceedings. If mediation and the Huurcommissie cannot resolve your dispute, you may need to take legal action through the courts.
Consult a legal professional or tenant advocacy organisation before starting court proceedings. The Woonbond and other tenant organisations can provide support throughout the dispute resolution process.
They offer advice on your legal position. These organisations may assist with representation in more complex cases.
