Workplace values ​​housing and safety?

Questioner

As a family, we have had sewer gases in a home, considerably higher than health-related values. Our legal assistance called in a medical advisor who used workplace values. This is not allowed in a home. Ultimately, this came before a disciplinary board and it turned out that this was indeed not allowed, plus the advisor now said that a temporary deterioration was very possible. Which causes a significant shift in the risk to the home. The disciplinary board attached a warning to it, which has now been appealed by the advisor. My question: even if the disciplinary board does not attach any consequences to this, what is the legal position?

Lawyer

First of all, what an unpleasant situation you have found yourself in. On the legal aspect of your question, the situation can be approached in different ways. Firstly, in general terms, Article 7:204 of the Dutch Civil Code (BW) could be relevant, which states that a defect is a condition or characteristic of the property or another circumstance not attributable to the tenant, as a result of which the property cannot provide the tenant with the enjoyment that a tenant may expect from a well-maintained property of the type to which the agreement relates when entering into the agreement. The presence of harmful sewer gases could fall under this 'defect'. If the landlord was aware of this defect and did nothing to resolve it, this could lead to a possible breach of the landlord's duty of care. In addition, tenants may also have rights in such a case, such as the right to a rent reduction or the right to terminate the lease. With regard to the advisor and the disciplinary board, it could be that even if the disciplinary board does not attach any consequences to the actions of the advisor, this does not mean that there can be no legal consequences. For example, if the advisor has been negligent in his advice, there may be a professional error, which could lead to a liability claim. Based on your question, this is of course very general advice and it may be advisable to discuss this with a lawyer or attorney who specializes in tenancy law and/or liability law.' ---------------- Please note! This free advice is based on limited information and may be incomplete or even incorrect for your situation. Always consult a lawyer or attorney for your further steps. Read disclaimer: https://rechtswinkel.nl/disclaimer ---------------- Call us for further assistance Stichting Rechtswinkel.nl is a national organization with students and volunteers. We may be able to help you free of charge or refer you to a reliable lawyer or legal expert. Call us during office hours on 040 2350423.