Legal Tenancy Law Camping: Advice and Support

Questioner

I have a question regarding my daughter's rental property. She rents a studio in Leiden via C... verhuur. It concerns a complex (renovated office building) with approximately 150 homes. We were able to view a number of rooms in advance, the rental was done via a floor plan. On this you could indicate which room you wanted. My daughter needs light and air, so we had indicated a large, bright room with many windows that could OPEN. That was how it was indicated on the floor plan. There was no possibility to view this room in advance. It was as on the floor plan we were assured. We had to wait a few months before it became available, but it was worth it. Finally the moment of signing the contract arrived and a few weeks later the keys were handed over. During the signing we were again assured that the room was as on the floor plan and that we could not view it first. However, when the keys were handed over it turned out that the windows could NOT OPEN! We immediately said that we could not agree to that. Many hours of waiting and calling later it turned out that there was no suitable alternative. We were advised to accept the key until another room became available. My daughter could not wait any longer because of her internship she had to move that weekend, so we had no other choice. I then made angry phone calls and sent emails, but there was no alternative. In the end we received 170 euros compensation and the promise that she could get another room in June or July where the windows could be opened. However, there are no comparable rooms in the entire building in terms of light. This is the only room with windows and light on all sides. So my daughter does not want another room at all, she wants the room as promised and for which we signed in good faith. THIS room with windows that can OPEN. The room next to her has windows that can open and the room mirrored to her, so the same distance to the road and other buildings has windows that can open. She is on the 4th floor and the room directly below her also has windows that can open. So it really was a construction error! They should simply have been able to OPEN, as stated on the floor plan or construction invoice. I have requested that this be adjusted (minor intervention) but the owner refuses. Because of the many windows it becomes one big greenhouse with the sun and it is unhealthy that no fresh air can get in. The ventilation is otherwise fine, but not with so many windows. My daughter has quite a few health problems and needs LIGHT and AIR. As promised with this room. Is there a legal possibility that the owner is obliged to make the windows as they are shown on the drawing/plan? I look forward to hearing from you.

Lawyer

I understand that you / your daughter accepted a financial compensation on the promise that another room would become available (only) in June / July, where the windows could be opened. This means that legally speaking you have little chance of now enforcing that in the current room / studio the landlord and at the landlord's expense ensure that the windows can also be opened there. If it is in the health interest of your daughter that she does stay in her current studio and that the windows can also be opened there, then it seems to me that the fastest and cheapest way is to realize this in consultation with and with the permission of the landlord at your own expense.

Questioner

On Own Account is of course no problem, I have not suggested it yet, but I fear that it will make little difference to the landlord. I will of course try. What I am also a bit concerned about is that there will be an EQUIVALENT studio, where the windows can be opened. How should we understand this concept. What can we say 'no' to later? There is only 1 studio that is equivalent (same number of windows, same floor, same size), but that tenant will not be leaving for the time being. So they will come with other rooms. Or is 'equivalent' only based on the surface area?

Lawyer

I do not read in your question that the arrangement was made on the basis of another equal studio. This makes your issue so annoying. If you can demonstrate that the arrangement was made under the offer of another equivalent studio in June/July and this studio does not become available, then your case will be stronger and in my estimation you can successfully demand from the landlord that your daughter's current studio be provided with movable windows. What is equivalent is difficult to estimate. This is not just about surface area, but also about the things that are important to you / your daughter (light and air). 'Rule of thumb' is that a deviation of 10% is still within the margin.