Repair Request

The Tenant's Duty to Report

A reparatieverzoek, or repair request, is the starting pistol for the landlord's maintenance obligations. Tenants have a duty to report defects to their landlord in a timely manner. This isn't just a courtesy; it's a legal requirement. If a small, unreported leak turns into major water damage over several months, the tenant could be held partially liable for the escalated damage because they failed to report it promptly. Therefore, submitting a reparatieverzoek is both a right and a responsibility. The request should always be made in writing—email is perfect—to create a clear, dated record. A phone call can be a good first step for urgent issues, but it should always be followed up with a written confirmation detailing the problem and the time of the call.

A well-formed repair request should be specific. Instead of saying 'the heating is broken', describe the symptoms: 'The radiators are cold despite the thermostat being set to 21°C, and the boiler is displaying error code E13'. This helps the landlord and their maintenance company diagnose the problem more quickly and send the correct technician. Including photos or a short video can be extremely helpful. This formal, written approach is crucial because it starts a legal clock. From the moment the landlord receives the written request, they are officially on notice. If they fail to act within a reasonable timeframe, the tenant has a much stronger legal position to take further steps.

The Landlord's Responsibility and 'Minor Repairs'

Dutch law divides maintenance responsibilities between the landlord and the tenant. The landlord is responsible for major maintenance and rectifying defects that are not the tenant's fault. This includes the exterior of the building, structural elements, plumbing, central heating systems, and electrical wiring. The tenant, on the other hand, is responsible for minor, day-to-day repairs, often referred to as kleine herstellingen. The official decree on this matter (Besluit kleine herstellingen) provides a detailed list, which includes things like replacing lightbulbs, tightening doorknobs, oiling hinges, and cleaning drains. The core principle is that small, inexpensive tasks that are a direct result of the tenant's daily use of the property are the tenant's job.

This division is a frequent source of disputes. A landlord might try to label a more significant issue, like a broken toilet flush mechanism or a faulty kitchen tap, as a 'minor repair' to push the cost onto the tenant. The official list is the ultimate arbiter in these arguments. If a repair is not on the list of kleine herstellingen, it is, by default, the landlord's responsibility. A reparatieverzoek should be submitted for any defect that falls outside the tenant's defined duties. If a landlord refuses to carry out a necessary repair by incorrectly classifying it, the tenant can seek recourse through the Huurcommissie or the courts.

When Requests Are Ignored

What happens when a reparatieverzoek is sent, but the landlord does nothing? This is where the paper trail becomes vital. If a reasonable period has passed—which could be a few hours for a total loss of heating in winter or a few weeks for a less urgent issue—the tenant has several options. The first step is to send a formal letter of default (ingebrekestelling), again by registered mail, stating the original problem, referencing the initial request, and giving the landlord a final, reasonable deadline (e.g., two weeks) to resolve the issue. This letter should also state the actions the tenant will take if the deadline is missed.

If the landlord still fails to act, the tenant may have the right to have the repair done themselves by a professional company and deduct the reasonable costs from the next month's rent. This is a powerful tool, but it's risky and should only be used for serious defects after the landlord has been properly put in default. A safer route for tenants in the regulated and social housing sectors is to start a case with the Huurcommissie. They can inspect the property and, if they agree the defect is serious, can order the landlord to fix it and also grant the tenant a temporary rent reduction until the repair is completed. This official pressure is often more effective and less confrontational than withholding rent.