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Procedure to Challenge the Nullity of a Lease Clause in Westland

From notice of default to Rent Tribunal or district court in The Hague: learn the steps to successfully challenge null lease clauses in Westland rental properties. (24 words)

2 min leestijd
Challenging a null lease clause in Westland begins with a formal notice of default to your landlord, often a local greenhouse horticulture entrepreneur or housing association in districts such as Naaldwijk, Monster or Kwintsheul. Send a registered letter in which you identify the clause, cite relevant laws such as Article 7:905 of the Dutch Civil Code (BW), and demand deletion or repayment. Offer a period of 14 days for amendment, taking into account the busy Westland housing market. No response? File a request with the Rent Tribunal for Residential Premises (free for tenants), which also handles cases from this region. The tribunal assesses nullity and can make binding decisions on rent prices and clauses, relevant for affordable housing near the greenhouses. For room rentals in student housing around Hogeschool Inholland Delft or business leases for Westland entrepreneurs, go directly to the district court in The Hague via a writ of summons (court fee approximately €85). Evidence is crucial: contract, correspondence, invoices and witness statements from neighbours in Poeldijk or 's-Gravenzande. The judge balances interests, such as seasonal labour in horticulture, and can declare nullity with retroactive effect. Success factors: demonstrate clear statutory violation, such as excessive service costs for garden maintenance, and prove disproportionate disadvantage. Local tenant organisations such as Westlands Huizenfront or Woonbond offer model letters and tailored advice. Costs are low, and if you win, you can recover procedural costs. Urgency for ongoing payments in this region with rising rents: immediately demand cessation. After the judgment, the clause no longer applies, with possible compensation for damages. This effectively restores the balance in your tenancy relationship in Westland. (248 words)