What can I do to oblige the landlord to do something about thermal insulation?


Questioner

I rent the building as a physiotherapy practice owner. There are single-glazed frames in several places where moisture remains. The temperature and humidity cannot be properly regulated, which may lead to unhealthy situations. The tenant does not want to invest enough in keeping it up to date, despite multiple rent increases. Doubts about the energy label.

Lawyer

In your situation, there are a number of possibilities in Dutch law to oblige the landlord to invest in thermal insulation. The lease and the law give you a number of rights and obligations. First of all, it is important to check what is included in your lease agreement regarding maintenance and improvements to the property. If the landlord is obliged under the agreement to provide maintenance and possible improvements, you can point out this obligation to him and possibly put him in default if he fails to do so. Furthermore, the landlord has a duty of care under the law for the maintenance of the rented property. According to article 7:206 of the Civil Code, the landlord is obliged to remedy defects at the request of the tenant, unless this is impossible or requires expenses that cannot reasonably be expected of the landlord in the given circumstances. Single glazing and poor insulation may possibly be considered a defect. If your landlord still refuses to do anything about the insulation after your request, you can consider starting a procedure with the rent assessment committee or the court to force your landlord to take the necessary measures. The rent assessment committee can determine a reduction in the rent if the property is actually worth a lower rent due to the defects. In your situation, it is advisable to seek the help of a lawyer or attorney to assist you in this matter. It can be complex to determine the obligations of the landlord and the rights of the tenant in this situation. In addition, a lawyer or attorney can help you with any procedure at the rent assessment committee or the court.' ---------------- Stichting Rechtswinkel.nl is a national organization with students and volunteers. The above 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 I would like to invite you to rate the above answer so that we can learn from your response.

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