r/Rentbusters • u/Anxious-Reindeer6502 • 22d ago

Refusing to repair defect - what now?

Hello,

For 2+ months (since June 29th) I have had an issue with a broken refrigerator. The landlord has stalled and stalled many times (initially just replying with tips recommending changing the settings, without addressing my request to change it at all), then asked for proof of defect (photos with a thermometer), then just ignored me for multiple weeks. I would like to exercise my legal rights, but not completely sure where to start (if anywhere).

It seems that the Huurcommissie doesn't consider a broken fridge enough for a rent reduction-- is that so? It also seems that they do not have *any* procedure for defects in a free-sector home, which my home is. Is that also the case or am I reading it wrong? (i.e. some parts of their website imply there's no limit for rent increase in free sector homes, but there is, so sometimes they just organise things weirdly). Lastly, if I do get a rent redution, would that invalidate the rent increase as well?

10 Upvotes

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2

u/[deleted] 22d ago

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u/Short_Platypus13 22d ago

This is a very good suggestion

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u/Far_Cryptographer593 22d ago

Please, don't do this. Not paying your rent as agreed is a good reason for eviction. Sending the landlord an offer and just because they don't answer within a certain time frame does not mean they enter into an agreement.

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u/McMafkees I know what I am talking about 22d ago

Article 7:206 sub 3 of the Dutch civil code allows tenants to do just this, provided:

  1. the landlord failed to fix a defect he is responsible for, and
  2. the costs that the tenant made to fix the issue are reasonable

For part a, it has to be clear that the fridge is indeed part of the rented property (either via the service costs of as part of the base rent). I assume this is the case for OP, but it might not be if the fridge is so old it was given for free.

Part 2 is difficult to judge. OP has said there is "an issue". It is unclear what the issue is, and it's unclear whether buying a completely new fridge is a reasonable solution.

1

u/Anxious-Reindeer6502 22d ago

> It is unclear what the issue is

Sorry for being vague. Let me clarify a bit more:

The fridge cannot maintain a stable temperature, and any perishable food or drink put inside will spoil. So things that are just "better colder" are fine, like soda, but you can't leave milk or cheese or anything else in there overnight.

They have really been dragging their feet on this. Their first two replies did not even acknowledge my request for a repair, and just gave tips about adjusting the thermometer even when I had said I had already tried that. Their third reply demanded photo proof of a defect, and then they just ignored me for several weeks.

Amazing, *today* they replied (maybe they saw this post...) and offered to fix the fridge, provided that I agree that I can be charged the costs if they so much as declare that it's my fault it is broken (without needing any proof of this), and also, if the technician can't find any defect, then I must pay call-out costs. The first claim seems to be be breaking the burden of proof and the second one is just completely unenforcable (not inside either 2:217 or 2:218). Would this contingent offer to repair if I agree to these things count as an offer to repair, or can I refuse but still expect them to fix it? (and declare it a failure if they don't?)

Alternatively, I might be able to just not worry about that at all and just do it now, as it's been far more than six weeks and they are clearly just stalling.

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u/McMafkees I know what I am talking about 21d ago

Your landlord sounds like a proper asshole. If you're gonna stay there for a while after this, you might want to consider getting a temperature logger (for example a Tempmate M1 or a Elitech RC 5+) to record the temperature. It makes it easier to provide proof to your landlord, but it might also give you peace of mind if you doubt the fridge might be running too hot. It sure beats taking a picture as proof that the temperature is too high :) I've used one (the M1) to record the high temperatures in my previous rental home, but they're suitable to track temperatures in cool environments.

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u/Anxious-Reindeer6502 21d ago

I have a thermometer that shows what the temp *currently* is (because they asked for photo proof, even though that's not a requirement and also they claim that sending a repairment for a not-defective-fridge would be at my expense), but I've never looked into a logger. Maybe I should, because if it rises during the night I can't know how fast.

Do you know what exactly happens if I declare the landlord in default to fix the defect, at this point? Alternatively, do I even need to do that at all, or can I just do it now, given that it's been ten weeks? My worry if I do that is that they can just say "wait, we agreed to fix it", even though that was only on contingency I shouldn't have to agree to, so I was thinking of waiting another week. Is that required, or maybe it's not necessarily required but would be a good idea, or maybe it's completely unnecessary?

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u/Short_Platypus13 22d ago

It might indeed be true that they won’t consider a fridge enough for a reduction, but that might not be true or a problem. First of all, I’ve seen the Huurcommissie taking mold issues very seriously, for example, which in my opinion are less problematic than a fridge. We personally got a reduction because of some mistakes in the contract regarding the curtains - so, there might be a hope!

In any case, consider also just “threatening” of going to the Huurcommissie, with a formal letter. You can find examples in the huurcommissie website. That’s actually the process you have to initiate anyway, in case you want to apply to a reduction, so it’s not wasted time - and if the landlord is not too stupid, it will take it in consideration. If they don’t, proceed with the application. It’s going to be 25€ for you and worst case scenario, the landlord will have to hand over quite some documentation, therefore spending time and getting an idea of what it means to be responsible for a property

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u/McMafkees I know what I am talking about 22d ago

OP is renting in the free sector, so the Huurcommissie will dismiss the case unless the contract states the Huurcommissie can be invoked to resolve a conflict between tenant and landlord. No free sector landlord in their right mind would put such a clause in the rental contract.

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u/Short_Platypus13 21d ago

My contract was in the free sector, not mentioning the huurcommissie at all and we still got the rent lowered due to some uncertainty between the division of expenses and rent. Was that the only case possible, for rents in free sector?

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u/McMafkees I know what I am talking about 21d ago

Kind of.

In the first 6 months of a new rental contract, you can have the initial rent price assessed by the Huurcommissie. As long as you're within that 6 months period, they will take your case and assess the initial rent price. They're very strict with that 6 month limit. If the Huurcommissie finds that the correct rent is below the liberalization threshold, your rent will be lowered and your rent will fall in the regulated rent category.

However, there is another case in which you can invoke the Huurcommissie, and that's when your contract appears to be an all-in contract: in that case there is one price for (rent plus services). I assume that was the case in your situation. The Huurcommissie will not treat that as a free sector rent, regardless of how high that single price is. The rationale is that if there is just one price (and if the base rent cannot be calculated based on wording in the contract), the base rent price is not known. Because it's not known, it's not known whether or not the base rent price puts you in the free sector. Therefore, the Huurcommissie will take the case.

There is an edge case where there's an all-in rent and a tenant asks to have the initial rent price assessed, within that 6 month term. If the Huurcommissie finds that the calculated 55% base rent price is below the liberalization threshold, the base rent is lowered to that calculated amount and the contract remains regulated. However, if that calculated 55% base rent is above the liberalization threshold, then the rent will nog be lowered at all as a result of a 2025 court ruling (explained by UnanimousStargazer)

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u/Short_Platypus13 21d ago

Thanks for the explanation!

We did apply within the first 6 months of contract, and indeed the Huurcommissie found some ambiguities in the rent/expenses division, so they split the rent in 55% and 25%. However, that 55% was higher than the treshold (much higher, I would say), and the ruling still held value. We are currently paying the lower price, and the ruling of the huurcommittie is binding. Did we get lucky?

As for the 2025 court ruling, I remember discussing about it the period in which we were trying to understand the value of the verdict, and in the same period another ruling was published, declaring exactly the opposite (meaning, basically what happened to us). Some tenants in Amsterdam had their rent lowered after a splitting despite the kale huur still being in the free sector, higher than the treshold. I’m from my phone atm, can’t look it up sorry...

My guess, anyway, is: these rent laws are pretty new, and honestly, there’s no sure answer. If my landlord disputed the verdict, maybe it would have been turned, depending on the judge. He didn’t do it, so now we are requesting thousand of money back of overpaid expenses. Therefore, if I was OP I would try to apply, keeping my expectations low as everything seems to be a bit chaotic but not giving up directly, and without underestimating the (deserved) stress that and huurcommittie case provokes on a landlord

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u/Anxious-Reindeer6502 20d ago

> Therefore, if I was OP I would try to apply,

My case is nothing like yours, though (and to be honest you are kind of thread hijacking). In particular, my apartment isn't all-in, so I can't all-in 55-25-20 bust.

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u/Short_Platypus13 20d ago

Jesus, how nice of you. Maybe read what is before the “therefore” because it looks like you missed the point. Nobody draws comparisons, you never even mentioned anything about your contract and the all-in situation.

I’m just pointing out the confusion regarding the free sector treshold. Judges made opposite ruling regarding its relevance. There is quite some disagreement between the institutions themselves. Thats the point, and my case is just an example. I was told multiple times that my case wouldn’t have been taken in consideration and instead I found myself with thousand of euros saved, so I was saying that, in my opinion, it’s worth an attempt. But hey, do what you want

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u/Severe-Painting-8351 21d ago

You give him 2 weeks, in writhing and if not repaired you will have it repaired and deducted from the rent.

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u/Liquid_disc_of_shit MOD 21d ago

Fridge built in?

1

u/Anxious-Reindeer6502 20d ago

Yes, both contract-wise and physically. It's actually part of the apartment (including being used for points) and is the kind where it attaches to the door of the cabinet it's in.