A frequently asked question among landlords is: who pays for the maintenance of a rental property, the landlord or thetenant?
The answer depends on the type of maintenance involved. In general, the landlord is responsible for major and structuralmaintenance, while the tenant is responsible for day-to-day maintenance and minor repairs.
For minor repairs, the Dutch Minor Repairs Decree (Besluit kleine herstellingen) is important. It specifies which tasks aregenerally the tenant’s responsibility. This decree can be found on the Dutch government’s website.
Major maintenance is the landlord’s responsibility
As a landlord, you are responsible for keeping the property in good condition. This includes work on items that the tenantcannot easily repair themselves through normal day-to-day use.
Examples include:
Replacing a central heating boiler;
Maintaining the roof structure;
Repairing leaks that were not caused by the tenant;
Maintaining window frames and exterior paintwork;
Replacing outdated installations;
Carrying out major maintenance on sanitary facilities or the kitchen.
In principle, the landlord must ensure that the property is in good condition at the start of the tenancy and throughout therental period.
Minor repairs are usually the tenant’s responsibility
Responsibility for small, straightforward maintenance tasks usually lies with the tenant. The Minor Repairs Decreeprovides an overview of these tasks.
Examples include replacing:
Light bulbs;
Batteries;
Simple parts of door and window fittings;
Tap washers and similar small components;
Filters that need to be replaced regularly.
Minor day-to-day maintenance, such as keeping the property clean and clearing simple blockages, is also the tenant’sresponsibility.
The reasoning behind this is straightforward: tasks that the tenant can easily carry out themselves and that are associatedwith normal daily use are generally the tenant’s responsibility.
Damage is different from wear and tear
An important distinction must be made between normal wear and tear and damage caused by the tenant.
A property naturally shows signs of use over time. After several years, for example, floors may become worn, walls mayshow signs of everyday use, and paintwork may lose its original appearance. This does not automatically constitutedamage.
However, if a tenant makes large holes in walls, damages doors or causes other damage that goes beyond normal wear andtear, they may be held responsible for it.
It is therefore important to document the condition of the property carefully at both the beginning and the end of atenancy. A thorough check-in inspection, preferably with photographs, can help prevent disputes.
What about painting?
This is an issue that regularly gives rise to disputes in practice.
As a landlord, you cannot expect a tenant to repaint the entire property after years of normal use simply because signs ofeveryday wear have appeared. Normal wear and tear is part of owning and using a property.
At the same time, the landlord is responsible for ensuring that the property remains well maintained and presentable.
A practical rule of thumb is to review the condition of the paintwork regularly. Particularly after several changes oftenancy, walls, doors and window frames may begin to show visible signs of wear.
If the property no longer looks presentable as a result, it is advisable for the landlord to arrange for the paintwork to berenewed before a new tenant moves in. A period of approximately four to five years can be a useful point at which toreassess the condition of the paintwork. However, the appropriate timing depends on the quality of the paintwork, how theproperty has been used and its overall condition.
This does not mean there is a fixed legal obligation to repaint every four or five years. The principle is that the landlordmust ensure proper and presentable maintenance, while normal signs of use cannot simply be passed on to the tenant as acost.
A well-presented property is also good rental management
Good maintenance is not just a legal responsibility. It also makes good business sense from a landlord’s perspective.
A clean, fresh and well-maintained property:
Makes a better first impression;
Is more attractive to prospective tenants;
Can help the property be rented out more quickly;
Helps maintain the quality of the property;
Prevents minor maintenance issues from developing into more serious problems.
A landlord who only carries out maintenance when something actually breaks is, in effect, waiting too long to address thecondition of the property.
Carry out a maintenance check at every change of tenancy
A change of tenancy is a good opportunity to take a critical look at the property.
Are the walls still in good condition? Are the doors and window frames damaged? Are all installations working properly?Are any items now outdated? And would you find the property attractive yourself if you were looking to rent it?
By carrying out a brief maintenance check whenever a tenant moves out, you can better determine which issues need tobe addressed immediately and which can wait.
The main rule
The basic distinction between the tenant’s and the landlord’s responsibilities is clear:
The tenant is responsible for day-to-day maintenance and minor repairs, while the landlord remains responsible for majorand structural maintenance and for maintaining the overall condition of the property.
This also means that, as a landlord, you must accept that normal use will inevitably leave signs of wear and tear.
After several tenancies, it may therefore be sensible to repaint and refresh the property. Not because the tenant isautomatically responsible for this wear and tear, but because being a good landlord also means ensuring that a new tenantmoves into a clean, presentable and well-maintained property.
If you are unsure about a specific maintenance issue, it is advisable to consult the current legal requirements and theMinor Repairs Decree. The precise allocation of responsibility may depend on the nature of the defect and what caused it.