Leasing and letting a dwelling
Tenancy law concerns the rights and duties which the landlord and tenant have towards each other for the use of the dwelling and the consideration, in most cases a financial amount. These ensue from the law, the tenancy agreement and case law. Tenancy agreements can be concluded for a fixed period or for an indefinite period. A common misunderstanding is that an agricultural tenancy is the same as a tenancy agreement. However, agricultural tenancies
only concern the use of a farmstead or detached land for commercial agriculture.
Problems and discussions
All sorts of problems and discussions can arise during the letting and renting of a dwelling. For example, the rent could be incorrectly calculated. In accordance with the Residential Tenancies (Rent) Act, the rent for a dwelling must be in conformity with the quality and size of the dwelling. If the rent is too high then the lessee can in some cases apply to the Rent Assessment Committee to lower the price. Renovation and major maintenance can also be a cause for discussion. If urgent work is completed on the dwelling then the tenant will in many cases be obliged to provide cooperation. Renovation and major maintenance can cause a rent increase and (temporary) relocation. The tenant can refuse to leave the dwelling. In that case the landlord will require the court to force the tenant to leave. The Property department of AK Advocaten can advise and provide assistance in such cases.
In addition to tenancy agreements for a fixed period and an indefinite period there are also tenancy agreements for the letting and renting of dwellings which are short term by nature. An empty dwelling can also be let on the basis of the Vacant Property Act. A permit must be applied for this purpose from the municipality. The tenants of the accommodation have in that case no right to security of tenure or rent protection. These agreements are used, for example, for the letting of property due for demolition or temporarily empty dwellings. It involves risks since the court can retrospectively decide that it concerns a 'normal' tenancy agreement. The tenant will then have the security of tenure and the tenancy agreement can only be terminated in the regular manner. The lawyers of AK Advocaten can ensure that these special rental agreements are carefully worded in order to prevent problems in the future.
Termination of tenancy agreements
Tenancy agreements can be terminated in various ways. It is always possible to terminate the rental agreement for an indefinite period if the notice period and any statutory grounds for giving notice are taken into consideration. A rental agreement for a fixed period can only be terminated at the end of the tenancy period with due regard to the notice period and the grounds for giving notice. In case of termination by the landlord there must be one of the following six grounds:
• The tenant does not behave as a proper tenant ought to;
• There is ‘temporary tenancy’ (the diplomat clause);
• In case of urgent personal use;
• The tenant refuses a reasonable offer to enter into a new tenancy agreement;
• The implementation of a zoning plan;
• Lodging is taking place on the premises.
The Property department of AK Advocaten can assist you with the drawing up of tenancy agreements, the inclusion of clauses and the determining of the rent. We can also advise and assist you if there are maintenance problems, instances of renovation, substitution and any bankruptcy of the landlord or the tenant.
AK Advocaten acts as regular lawyer for housing associations and private landlords. We also assist tenants. If you are advised in a timely manner of the possibilities in the event of tenancy law with regard to a dwelling, then conflicts in the future can be prevented.
Please contact us.