Rent Arrears as Grounds for Termination in Westland

Rent arrears form a frequent reason for termination of the tenancy agreement in Westland (Article 6:262 DCC in conjunction with 7:220 DCC). Landlords in municipalities such as Naaldwijk, Monster or Kwintsheul must start with a reminder, including a payment period of 14 days. If the rent remains unpaid, a summons follows at the subdistrict court in The Hague, which has jurisdiction for Westland. The judge checks whether the arrears amount to at least three months' rent or are of an urgent nature, taking into account local factors such as seasonal work in greenhouse horticulture. Tenants in Westland can raise a defence by referring to inability to pay due to greenhouse labour, COVID-19 measures or unemployment in the agricultural sector, after which the judge may establish a payment arrangement instead of termination. Evidence such as bank statements and reminders is crucial. In 2023, the District Court of Rotterdam ruled in a Westland case that a temporary arrears due to the harvest season does not justify termination without prior warning. Tenants are entitled to rent allowance advice via the Tax Authorities, specifically tailored to Westland incomes. Landlords run the risk of the judgment being set aside if they adopt an unreasonable stance. Alternative: an amicable settlement via the Rent Tribunal or local Rent Team Westland. In case of termination, immediate rent claims plus one month's vacancy damage are threatened, which is particularly painful in the tight Westland housing market. Prevent escalation with timely dialogue, for example via the Municipality of Westland's debt counselling. This article highlights thresholds and tactics for tenants and landlords in Westland.