Defect Report

Your Official Call for Maintenance

A 'gebrekenmelding', or defect report, is the formal process by which a tenant notifies their landlord of a problem with the rental property that requires repair. This isn't just a casual complaint; it's a critical step in asserting your rights and triggering the landlord's legal obligations. The Dutch legal definition of a 'gebrek' (defect) is broad and powerful: it's not just a broken item, but any condition or characteristic of the property that diminishes the 'huurgenot'—the quiet enjoyment and use—that a tenant can reasonably expect from the agreement. This could range from a major issue like a complete heating system failure in January to something less urgent but still significant, like a constantly jamming front door lock.

However, not all maintenance issues are the landlord's problem. The law makes a clear distinction between major defects, which are the landlord's responsibility, and minor repairs ('kleine herstellingen'), which are the tenant's responsibility. The specific tasks falling to the tenant are outlined in the 'Besluit kleine herstellingen'. Generally, the tenant is responsible for small, inexpensive, and easy-to-perform tasks that result from daily use. This includes replacing light bulbs, bleeding radiators, tightening loose screws on doorknobs or cabinets, and fixing a dripping tap by replacing a washer. The landlord, conversely, is responsible for the 'big ticket' items: maintaining the structural integrity of the building (roof, walls, foundation), resolving serious leaks, ensuring the proper function of central heating and plumbing systems, fixing broken windows, and tackling pest infestations that were not caused by the tenant's negligence. Unsurprisingly, landlords may attempt to blur this line, hoping a tenant will pay for a repair that is legally the landlord's duty.

The Correct Procedure for Reporting a Defect

When you discover a defect that is the landlord's responsibility, prompt and proper notification is key. While an initial phone call or WhatsApp message is a good way to give a quick heads-up, it should always be followed by a formal, written notification. An email is typically sufficient and provides a clear, time-stamped record. For very serious issues or if the landlord is known to be unresponsive, sending a registered letter (aangetekende brief) provides undeniable proof of delivery. This written gebrekenmelding is your legal cornerstone. It should clearly and calmly:

1. Describe the defect in detail.
2. State when you first noticed the problem.
3. Request a repair within a 'reasonable timeframe' (redelijke termijn).
4. Include photographs of the issue if possible.

The definition of a 'reasonable timeframe' is context-dependent. A total loss of heating and hot water in winter demands an immediate response, likely within 24 hours. A non-urgent issue, like a broken handle on an internal door, might have a reasonable repair timeframe of a few weeks. Documenting every communication is crucial. If you speak on the phone, follow up with an email summarizing the conversation: "As per our phone call today, I am confirming the report of the leaking radiator in the living room..."

When the Landlord Fails to Act

An unresponsive landlord is a common frustration for tenants. If your initial defect report and follow-ups are ignored and the 'reasonable timeframe' passes, you must escalate the process formally. You cannot simply withhold rent, as this would put you in breach of your contract. The correct next step is to send a letter of default (ingebrekestelling). This is a final formal notice, sent by registered post, that gives the landlord one last, firm deadline to carry out the repair. It informs them that if they fail to act by this deadline, they will be legally in default, and you will be entitled to pursue further remedies.

If the landlord is still in default, the tenant has several powerful options:

• Repair and Deduct: You can hire a professional to fix the problem and deduct the reasonable costs from your next rent payment. This right must be exercised with extreme caution. You must have sent a letter of default, obtained multiple quotes to prove the cost is 'reasonable', and kept all invoices.
• Rent Reduction via Huurcommissie: You can start a case with the Rental Tribunal (Huurcommissie). They can assess the severity of the defect and grant you a temporary, retroactive rent reduction proportional to your loss of 'enjoyment'. The reduction remains in effect until the landlord proves the defect has been fixed.
• Legal Action: For the most serious cases, you can go to the sub-district court (kantonrechter) to force the landlord to perform the repair and potentially claim compensation for any damages you suffered as a result of the defect.