Major Maintenance of Rental Housing in Westland

Major Maintenance of Rental Housing in Westland

In Westland, with its diverse rental properties in both residential and agricultural areas, major maintenance involves essential work to ensure the structure and longevity of your rental home. As a tenant, you don't bear these costs; the landlord is responsible. This article explains what major maintenance entails, your rights as a resident of Westland, and practical steps, building on our piece about the landlord's maintenance obligations in Westland.

What Does Major Maintenance Mean in Westland?

Under Dutch rental law, which applies in Westland, major maintenance is distinguished from minor maintenance. Major maintenance focuses on long-term repairs that keep the property safe and habitable. It doesn't cover everyday wear and tear but addresses critical elements like roof repairs, pipe replacements, or exterior maintenance, taking into account Westland's local weather conditions with its windy coastal influences.

This distinction determines cost allocation: minor maintenance, such as fixing a faulty faucet or a loose door handle, is the tenant's responsibility. Major maintenance falls to the landlord, who must maintain the property as a solid living space. In Westland, disputes may arise over classification, but judges at the Westland District Court assess based on the structural nature of the work.

Legal Basis for Westland

Rental rules are outlined in Book 7 of the Dutch Civil Code (BW). The core provision is Article 7:217(1) BW, which requires the landlord to maintain the property and keep it fit for use. For major maintenance, the landlord must cover all non-minor repairs.

Article 7:219 BW limits the tenant to minor upkeep, while Article 7:243 BW addresses defects: tenants in Westland can compel the landlord to act. In apartment complexes, the Owners' Association (VvE) plays a role; the landlord handles VvE contributions for major maintenance. For assistance, contact the Westland Legal Aid Office or the Rental Commission; disputes can escalate to the Westland District Court.

Examples of Major Maintenance in Westland

Major maintenance affects the core of the property and extends its lifespan. Typical cases in Westland, where homes often need to withstand the local climate:

• Roof repairs, including tiles and gutters, crucial during heavy rainfall.
• Repairing or replacing foundations, walls, or load-bearing structures.
• Maintaining the central heating system, such as the boiler (unless damaged by the tenant).
• Exterior painting for the entire building.
• Renewing sewerage, water, and gas pipes.
• Structural insulation for walls, roof, or floor.
• Repairing exterior facades, windows, and doors.

Minor maintenance includes routine tasks like changing light bulbs, unblocking drains, or fixing small wall cracks.

For clarity, here's an overview:

Rights and Obligations in Westland

As a tenant in Westland, you have the right to a safe, habitable home. Under Article 7:217 BW, the landlord performs major maintenance at no cost. Report defects in writing; if delayed, you can seek rent reduction or terminate the lease through the Westland Legal Aid Office.

Your duties include reporting issues promptly and avoiding damage. The landlord must plan ahead, such as during renovations (e.g., asbestos removal), providing information and temporary housing (Article 7:220 BW). In Westland municipal housing, maintenance plans often prioritize sustainability.

Practical Cases from Westland

For instance, if your rental apartment in Westland has a leaking roof from storm damage—that's major maintenance. The landlord must repair it; otherwise, file a complaint with the Rental Commission for a 20% rent reduction.

Or, if the exterior wall of your row house in 's-Gravenzande is crumbling: the landlord handles the repair. If you fix it yourself, only do so after notice and keep receipts for reimbursement.

In a VvE apartment block in Naaldwijk: a faulty elevator due to age is major maintenance. Report it to the landlord, who covers VvE costs.

Taking quick action prevents issues in dynamic Westland.

Frequently Asked Questions