A Clear Landlord Responsibility for Safety
In the Netherlands, with its notoriously steep and narrow staircases, a secure handrail (trapleuning) is a vital safety feature. The maintenance and repair of all handrails, both within a private multi-level apartment and in the communal stairwells (trappenhuizen) of a building, is the unequivocal responsibility of the landlord or the Vereniging van Eigenaars (VvE). This falls under the landlord's primary legal duty to maintain the property and ensure it is safe for its occupants. This is not a 'minor repair' (kleine herstelling) that can be delegated to the tenant. A loose, wobbly, or broken handrail is a significant safety defect (gebrek).
What Constitutes Proper Maintenance?
A properly maintained handrail must be fit for its purpose: providing stable support for someone using the stairs. This means it must be securely and firmly attached to the wall with strong brackets. There should be no significant give or wobble when you put your weight on it. If the handrail is made of wood, it should be smooth and free of large splinters. The landlord is responsible for inspecting and repairing or replacing the handrail and its fixtures as needed to ensure they remain safe over time.
The Tenant's Role in Reporting
While the landlord is responsible for the repairs, the tenant has an important duty to report any defects promptly. If you notice that a handrail has become loose or damaged, you must inform your landlord in writing as soon as possible. This notification is crucial. It makes the landlord officially aware of the safety hazard. If an accident were to happen after you have reported the defect but before the landlord has fixed it, the landlord would be in a much weaker legal position and could be held liable for negligence. Reporting the issue protects both yourself and others who use the stairs.