Resolve rental disputes? Receive free advice!


Questioner

Can you stop paying for gas/water/electricity if your landlord does not want to provide an annual statement for 2 years?

Lawyer

You indicate that you want to suspend the obligation to pay, because you have not received annual accounts. In order to be allowed to suspend, your situation must meet a number of obligations. For example, the claims (the unpaid claim and the claim to be suspended) must be sufficiently related to each other and the suspension must be reasonable. Suspension of one's own performance may be considered unreasonable, for example: a minor shortcoming in the fulfilment of an obligation may often not lead to a complete suspension of the performance. In your case, the suspension does not seem reasonable, the shortcoming is too small for this. In addition, the connection between both claims is debatable. Then there is another (perhaps even more important) disadvantage. It is always very tricky to suspend the payment of rent in rental agreements. Namely, if you as a tenant do not pay, you run the risk that this amount will be too high or will be owed for too long, which can give the landlord the right to terminate the rental agreement. Suspension of payment as a tenant is therefore in many cases NOT advisable. Perhaps you can reach an agreement with the landlord. To this end, you can send a notice of default (a standard document for this can be found on this website, but you will need to adjust it to your specific situation). You can also contact a tenants' association, such as: the housing association (which also has a 'tenants' line' where you can ask questions) or the HBV. In conclusion, it is not advisable (based on this limited information about your situation) to suspend the payment obligation. You can try to reach an agreement with your landlord, perhaps with the help of an interest group or a formal letter of default. If this does not work, you can take legal steps. You can first discuss this with an employee of the legal desk (0900-8020). This is an agency that can give you free legal advice by telephone on, among other things, rental disputes.

Questioner

Thanks for your advice

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