What to do with rental agreement and gas bill?
Questioner
For 12 years I rented a studio space, which was quite expensive but at the time I could afford it. The space is located on the landlord's property and is a former cowshed of 120m2. This stable/studio is heated by 2 gas heaters but they are actually too small for the space. Which means they have to be on for a long time in the winter. My gas bills were always very high. I have had regular contact with the landlord about this without anything being done about it. I had my own gas meter and gave him the reading. I then received a statement from the landlord. All in good faith. We have built a friendship over the past 12 years. My financial situation has changed for some time now. I could no longer pay the rent. I have regularly informed the landlord of this, but nothing has ever been done about it and there has been no response. Until suddenly I was offered a much cheaper workspace by another landlord. At the end of November I then terminated my lease for the expensive studio. The landlord of the expensive studio was furious about this. I moved a month later, at the end of December, but we didn't part on good terms. Unfortunately, after those 12 years in which I paid the rent every month. The landlord says he can charge me for an additional year but doesn't want to do this because we have built a relationship. Now I get a bill for the gas heaters and it doesn't lie. I've looked at the bill carefully and see that he even charged me 3x too much gas per m3. question to you: What should I do now. If I point this out to him, could it be that he still makes me pay that extra year's rent out of revenge? Or are these 2 things unrelated and can I ask him to look at that gas bill again because something is not right here. a whole story Thank you in advance for your answer,Lawyer
Both matters are legally separate, but in practice one can of course serve as bargaining chip for the other. It is important to know whether there is/was a tenancy agreement for an indefinite period or for a fixed period (for example for a period of one year with automatic extension) and/or whether a notice period (of one year, for example) has been agreed. You also write: The landlord says he can make me pay for an additional year, but he does not want to do this because we have built up a relationship. If you can prove that this was stated by the landlord, you can interpret this as an agreement to terminate the lease as of 1 January 2016, and your obligation to pay rent will therefore have ended. If you are charged a gas price that is 3 times too high, you can of course hold your former landlord accountable.Lawyer
Hello, the space you rented was not an SME space and therefore the general tenancy law and this rule apply when terminating a lease entered into for an indefinite period: Article 7:228BW 1. A lease entered into for a fixed period ends, without any notice being required, when that period has expired. 2. A lease entered into for an indefinite period or extended for an indefinite period ends by notice. If the lease relates to a property that is neither residential nor commercial, notice must be given on a day agreed for rent payment at least one month in advance.Neem de volgende stap
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