Van der Huizen is the building operator of owner Van Hooijdonk, the man behind several legal constructions. In Amsterdam they let rooms in the Tourniairestraat in West, the Duivendrechtsekade in East and apartments on the Strekkerweg in North. In Haarlem they have Zijlweg 245. There are multiple issues with unlawfully charged € 250 administration fee for each tenant, temporary contracts, maintenance, deposit and overpaid service charges. We at Stichting !WOON help tenants. We are funded by municipal subsidies, all our services are free of charge. Many tenants have received refunds thanks to legal procedures.
Maintenance defects
VdH doesn’t repair maintenance defects. Can I get rent reduction?
First of all, defects need to be reported in writing, otherwise there’s no proof the landlord was informed. The landlord is obliged to repair serious defects within 6 weeks after being informed. If the landlord fails to do this, a tenant can submit an application to The Huurcommissie. (tenants with a liberalised contract like on the Strekkerweg need to go directly to the district court)
If the defects are serious, the Huurcommissie can impose a temporary rent reduction of 60 % from the date the landlord was notified until the landlord has repaired the defects. If you start this procedure within 6 months of the start of your contract the rent reduction can be applied retroactively.
A broken entrance door, no ventilation in the kitchen and bathroom, no doorbells qualify as serious defects. Leakages, mold and draught can qualify as serious defects depending on the severity. Power and heating outages can qualify as serious defects as well, but may not always be present and are therefore more difficult to prove . The Huurcommissie may not be able to observe intermittently occurring defects. However, consistent reports can be an alternative way to demonstrate the structural nature of the problem.
Alternatively, tenants can claim repair by initiating summary proceedings in the district court. The judge can impose a deadline until the landlord has to repair the defects within and impose a fine otherwise. This procedure can be beneficial especially for defects which affect essential amenities such as hot water and heating.
Can the municipality pressure Van der Huizen ?
Serious maintenance defects can be reported to the municipal building inspection department. Consequently, a building inspector will investigate the severity of the defects and set a deadline for the landlord to repair the defects. If the landlord fails to repair the defects within the deadline, the municipality can impose a fine. The local municipal building inspector visited the building in the Tourniairestraat. He noted the front door lock, the messy basement and the uncovered façade as legal violations. He has been in touch with the owner about their repair
Administration fee
I paid € 250 administration fee, can I claim the fee back?
At the start of the tenancy agreement, all tenants paid €250 in administration fee. !WOON already won a few procedures to reclaim the administration fee. VdH had to repay the administration fee in all cases. !WOON can initiate new legal procedures to claim back the admin fee for tenants who haven’t participated earlier. Only tenants who have proof of payment can participate.
Temporary contract
I have a temporary contract, can VdH evict me if I start a procedure?
When moving in, tenants get a rental lease agreement for a definite period. Landlord can terminate the lease agreement between one and three months before its end date. Before the end date, initiating a legal procedure against vdH can result in the termination of your rental agreement.
If the landlord doesn’t announce the termination of the rental agreement, the rental agreement is extended for an indefinite period. After you rental agreement was extended, vdH can only terminate the lease if you’re not a student anymore. If you initiate a legal procedure against vdH after your lease was extended, they could request proof of enrollment. Only if you can’t provide proof or enrollment, your lease could be terminated.
Service charges
How can verify if my service charges are correct?
Your monthly pre payment needs to be settled. You should pay no more than the real costs. You should receive a service charge settlement within 6 months after the year ended. If you didn’t receive it or disagree with the settlement, you can ask the Huurcommissie to control the settlement. !WOON can help you. After submitting the procedure, the Huurcommissie will request the invoices from the service suppliers and check if the charged costs match the incurred costs. Finally, the Huurcommissie will calculate a new settlement according to their findings. If the landlord doesn’t appeal the Huurcommissie decision, the new settlement becomes binding. Only the settlement from the last 2 years can be disputed at the Huurcommissie, so this year 2023 and 2024.
!WOON already submitted procedures with the Huurcommissie to dispute the final settlement service charges. The Huurcommissie requested the invoices and contracts for the service charges from vdH. VdH could not deliver sufficient prove for a part of a part of the service charges
Example: Key findings Huurcommissie in the Tourniairestraat for servicecosts in 2021 till 2023
- Caretaker: No task description, nullified
- CV installation: No maintenance contract submitted, nullified
- Signal delivery: Invoice insufficient, nullified
- Electricity maintenance: Maintenance obligation for the landlord, nullified
- Garden maintenance: Part of the garden is publicly accessible, reduced by 50 %
- In total more than € 800 overpaid yearly
- Disclaimer: this can be challenged in court and the amounts can change if the owner presents better evidence of costs
Deposit and check-out
My deposit is € 2,000 and I will only receive it 2 months after moving out, is that allowed?
The deposit is € 2000 which more than twice the basic rent. The good landlordship act states that an owner may ask no more than twice the monthly rent as deposit. Secondly, the rental agreement states that the deposit will refunded within 2 months. However, the good landlordship act states that a landlord must refund the deposit within two weeks.
!WOON reported the issue to the municipal team Good landlordship. They can oblige them to adjust their policy. If they fail to do, the municipality can impose a fine.
Do I have to pay rent for two more months when I terminate my lease?
Your termination notice is as long as the payment period for your rent. If you’re paying rent for two months, your notice period is indeed two months. However! A judge concluded that if you actually pay per month it should be 1 month. In Haarlem the council requested to change this into monthly payments, and they complied. So a 1 month period could and should work.
VdH doesn’t respond to my request for a check-out inspection, what can I do?
If vdH hasn’t conducted an inspection when you moved in, it is assumed that your room was in the same state when you left as when you moved in. VdH can’t claim any damages in that case. You can just send your keys to vdH and move out. However, make sure that you documented the state of your room and that vdH hasn’t responded to your request.
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