Lease Agreement Nullity in Westland: what you need to know
A lease agreement in Westland may be null and void if it does not meet statutory requirements or contains unfair provisions. Nullity means that the agreement (in part) has no legal force. This article for tenants and landlords in Westland explains when a lease agreement is null and void, the statutory grounds and steps at the District Court of The Hague (district Westland).
What is a null and void lease agreement in Westland?
A null and void lease agreement has no force from the outset. This applies in Westland if:
- Formal requirements are missing (e.g. no signature).
- Contrary to law or public order.
- Mistake, fraud or threat at conclusion.
- Unfair clauses, such as excessive costs for the tenant.
Difference between nullity and dissolution
In case of nullity, the agreement is invalid from the start; in case of dissolution, a valid agreement ends later, e.g. by termination.
| Aspect | Nullity | Dissolution |
|---|---|---|
| Effect | Invalid from the beginning | Terminated later |
| Grounds | Violation of law, mistake | Termination, force majeure |
| Consequences | No obligation to perform | Ends on date |
Statutory grounds for nullity
Laid down in the Civil Code (BW) and the Housing Lease Act (Whw). Relevant articles:
- Art. 3:34 CC: Contrary to law/public order.
- Art. 3:40 CC: Mistake/fraud.
- Art. 3:41 CC: Threat.
- Art. 7:901 CC: Invalid general terms and conditions.
- Art. 7:902 CC: Disproportionate burdens on tenant.
- Art. 7:904 CC: Missing essential information.
- Art. 7:912 CC: Contrary to Whw.
Housing Lease Act (Whw) in Westland
Provisions null and void if contrary to Whw, e.g.:
- Obstruction of maintenance/renovation.
- Unlimited access for landlord.
- Unreasonable costs for tenant (repairs).
Examples of null and void provisions in Westland
1. Missing information
Null and void without:
- Rent price/period.
- Name/address of parties.
- Property description (address, size, facilities).
2. Unfair clauses
Example: Landlord may enter property unlimited – null and void pursuant to Whw.
3. Westland-specific
In greenhouses or growers' dwellings: Provisions that make seasonal lease unfair, null and void.
What to do in case of null and void lease agreement in Westland?
- Check agreement for nullity.
- Contact Juridisch Loket Westland for advice.
- Send registered letter to landlord.
- Initiate proceedings at District Court of The Hague (sub-district court Westland).
Avoid acting on your own authority; the court decides on restitution of rent/incurred costs.