Major Repairs versus Service Costs in Westland Distinguished
Difference between major maintenance (landlord) and service costs (tenant) in Westland. Practical testing at the Rent Tribunal, with local examples from greenhouse horticulture and objection procedures.
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Arslan AdvocatenLegal Editorial
2 min leestijd
In Westland, with its extensive greenhouse horticulture areas in districts such as Naaldwijk, Monster and Kwintsheul, major repairs do not fall under chargeable service costs, but under the responsibility of the landlord (Article 7:206 DCC). Think of structural maintenance such as roof replacement on greenhouse dwellings, repair of central heating installations in horticulture complexes or foundation repair due to soil subsidence in Westland. Costs exceeding €1,000 per intervention remain with the landlord. Service costs in Westland rental dwellings are limited to minor maintenance, cleaning of common areas and green management around greenhouses. Local landlords, often affiliated with cooperatives such as WBV Naaldwijk or Huurstichting Westland, may not pass on major maintenance via service items; that is unlawful and meets with resistance at the Rent Tribunal in The Hague. Tenants can challenge this at the Rent Tribunal, which tests against the 'good landlord' standard with attention to Westland circumstances such as high humidity and intensive use. Evidence with inspection reports from local experts or quote comparisons from Westland contractors. If distinguished, the landlord pays, and the tenant does not have to pay an advance. Disputes escalate to the subdistrict court in The Hague, with penalty payment risk for landlords. Lease agreements in Westland often specify lists of minor versus major maintenance, tailored to agricultural rental properties. Check the MJOP (Multi-Year Maintenance Plan) for planned work in your area. This prevents discussions and high bills, especially for seasonal tenants in greenhouse horticulture. For new construction in expansion areas such as Honselersdijk, 10 years indivisible maintenance applies. Tenants with purchase option in Westland projects sometimes claim part of the costs. Consult legal advice at local law firms in Poeldijk if in doubt. This way, you correctly separate costs and only pay your share in dynamic Westland. (312 words)