For a self-contained apartment on the Bloemstraat in Groningen, a total of 1,700 euros was charged in rent. The tenant appealed the rent to the Rent Tribunal. The Rent Tribunal decided that the number of points for the property was 110, which at the time was equivalent to a maximum rent of 533 euros per month. Due to maintenance deficiencies, the rent was further reduced and became 106.69. Check out the whole story here.
Summary:
Address: Bloemstraat 8 B, 9712LD GRONINGEN
Subject: Review of initial rental price
Law article: 7:249 BW
Date of decision: 15-07-2019
Content of the judgment: rent not reasonable
Type of accommodation: Independent
Applicant: Tenant
Final decision: the applicant is found to be in the right
Judgment rent: 1,700.00
Rent after judgment: 106.69
Procedure:
The Rent Tribunal received a request from the tenant on October 4, 2018. In it, the tenant asks whether the agreed-upon rent for his housing unit is reasonable. The lease agreement was effective July 1, 2017. The rent is € 1,700.00 per month. This rent is above the rent liberalization threshold of €710.68 per month.
Investigation by the Rent Tribunal:
The Rent Tribunal ordered a preliminary examination in the residential property on March 1, 2019. A report of this investigation has been prepared. The Rent Tribunal sent this report to the tenant and the landlord.
Decision:
– The point number of the housing unit is 110. At this point number, the maximum reasonable rent is €533.47 per month.
– The rent of €1,700.00 per month, agreed as of July 1, 2017, is not reasonable.
– Reasonable is a rent of €533.47 per month as of July 1, 2017.
– The residential property has the following serious defect on July 1, 2017:
– The mechanical ventilation of the bathroom on the first floor does not work, which does not allow for the removal of indoor air. This is a defect in the A category (number 2).
– The banister on the stairs to the second floor is missing, creating an unsafe situation. This is a defect in category C (number Ra1).
– Several walls of the rooms in the basement are wet and moldy due to rising damp. This is a defect in category C (number V2).
– In the first floor room, there is a leaky sewer and roof leakage. Sewer leakage occurs when tenants empty the kitchen sink. Roof leakage occurs after heavy and/or prolonged rainfall. The spill caused a lot of damage. This is a deficiency in category B (number 3) and category C (number 4).
– The window’s under sill has come loose due to wood rot. Tenant fixed the sill with tape. This is a deficiency in the C category (numbers D1, D5 and D8).
– The defect in the category B (number 3) and category C (number 4) has been remedied in January 2019.
– Due to these serious housing defects, the rent will be temporarily reduced to € 106.69 per month as of July 1, 2017 .
Results:
The ruling made in March 2019 was retroactive. This means that the tenant received a refund consisting of 21 months of overpaid rent. A total of 33,459.51 euros!
View the full case on the Rent Tribunal website.
