Who fixes what? A practical guide for expats on Dutch rental repairs

Ever had something in your house break, only to realise you don't know if fixing it is your responsibility or the landlord's? Robert M. Berendsen from Mr. Berendsen Advocaten is here to help explain who is responsible for what when it comes to household repairs.

Navigating Dutch rental regulations can be challenging for expats, especially around small repair responsibility. This guide simplifies the Small Repairs Decree to help you know who is responsible for what. 

The Small Repairs Decree contains the Dutch rules on small repairs for renters. It lists which repairs come at the expense of the tenant and which at the expense of the landlord. In this article, I will elaborate on what this decree actually includes, provide some practical examples, and indicate some exceptions.

What is the Small Repairs Decree

The Small Repairs Decree is a part of the Dutch legislation on residential leases. It sets out which maintenance tasks must be done by or arranged by the tenants. These are usually small repairs or maintenance activities that can be reasonably expected of the tenant.

• Definition: Small repairs refer to the simple and inexpensive tasks of maintenance or repair to a rental property.

This means that the tenant cannot simply rely on the landlord for small repairs which they should be able to do themself, since asking the landlord would probably be more costly than warranted. Not only can a tenant not rely on the landlord to perform such tasks, but they must also ensure that they do them themself or hire someone to do them, since otherwise they may become liable for damages.

Why the Small Repairs Decree is important

The Small Repairs Decree helps to avoid disputes as to who does what. In case of doubt, just ask where in the Decree the responsibility is mentioned.

Sometimes small repairs are done by landlords, even when it is not their legal obligation. Your rental contract may contain a provision for the transfer of all or part of the small repairs to the landlord, often in return for a fixed monthly fee. Think of the cleaning of gutters, the replacing of light bulbs on outside lamps, or the cleaning of the hall outside the apartment.

What falls under Small Repairs

The law specifies the works that are considered small repairs, and this list goes to the tenant. Here are some examples of common ones:

• Lighting: Replacing broken bulbs in shared areas such as hallways.
• Interior painting: Touching up small areas of paint inside the property.
• Door hinges and locks: Lubricating the door hinges, replacing broken locks and fitting new hardware.
• Heating: bleeding and refilling the water of the heating system.
• Wall outlets and switches: Replacing any damaged outlets or switches.
• Sewage: Keeping the inner sewer clean and, if necessary, unblocking it up to the connection point from the living area part of the leased premises to the municipal sewer or the main sewer, insofar as this sewer is accessible to the tenant.
• Gutters: Regular cleaning of gutters and rain drains, insofar as they are accessible to the tenant.

Types of repairs that are the landlord's responsibility

While the tenants are responsible for many small repairs, there are certain others that fall to the landlord. These are usually larger or structural repairs. Examples of these include:

• Boiler maintenance: Ensuring the boiler has its yearly servicing.
• Exterior painting: Painting of the exterior of the premises, for example window frames and facades
• Roof repairs: Repairs to the roof or to any other part of the building.

Landlords are obliged to maintain the premises and are liable for major repairs and maintenance that are not considered minor repairs as explained above.

An important exception to this rule is in the case of unsafe situations. The landlord must arrange the repair if a minor repair can only be done under unsafe conditions, for example the cleaning of gutters, for which you would need a long ladder.

Tips for tenants

• Keep a maintenance log: Record when and what repairs you have done. This may be helpful in keeping track of the repairs and giving the landlord insight into the house's maintenance.
• Tip: If you're unsure about a repair, asking in advance can save you time and money. Dutch law expects tenants to notify landlords of issues promptly. Extra tip: do it in writing!

Understanding the expectations is key

The Small Repairs Decree outlines the division for both the tenant and landlord with regard to their responsibility pertaining to maintenance. In understanding this decree, a tenant will avoid nasty surprises; similarly, a landlord sets expectations that are realistic from his tenant.

Need help navigating Dutch rental rules? Contact Mr. Berendsen Advocaten for tailored advice and support! They specialise in labour law and rental law and cater to English, French and Spanish-speaking expats. They do not only work for highly paid expats; they also do pro bono work for people with lower incomes. Their firm is one of the few law firms to offer income-based discounts to people who earn too much for subsidised legal aid, but too little to be able to afford regular fees.