Watch our webinar! “Tricky sickness issues”

Temporary renting and letting, strict requirements

Publication date: 23 November 2017
In temporary letting of residential accommodation the termination of the lease has to be announced in due time. What do lessors have to keep in mind with regard to the notification of termination?

huur-en-verhuur - social media

Lease agreements regarding residential accommodation are usually for a minimum period of 1 year with an automatic renewal for an indefinite period. The lessee enjoys rent protection; the lessor is only allowed to terminate the lease if he can produce a statutory ground for giving notice, such as conduct as a bad tenant or that the accommodation is urgently required for own use. In practice, this means it is difficult for lessors to terminate a lease.

Temporary lease

Since 1 July 2016, there are more options for temporary lease of residential accommodation. Rent protection is reduced if residential property is leased out for a maximum period of 2 years (self-contained accommodations) or for a maximum period of 5 years (shared accommodation). The lease is terminated by operation of law at the end of the lease term, provided that the lessor has notified the lessee in writing in due time (not earlier than 3, and not later than ultimately 1 month before) the end of the lease.

No or late notification: lease for an indefinite period

During the past few months there were a number of judgments that show the court applies the notification requirement strictly. The Almere subdistrict court decided a late notification would irrevocably lead to a lease for an indefinite period and full rent protection of the lessee. In the respective case the lessor had provided the notification a day too late. The Amersfoort subdistrict court decided that the lease will be continued for an indefinite period if the lessor cannot prove that the lessee has received the notification in due time. The lessor had sent the notification per e-mail, manifestly without delivery or read receipt and without also sending a notification per registered mail.

The Rental Market Flexibility Act provides opportunities for lessors regarding temporary rental of housing accommodation for a defined period and with restricted rent protection. In this case, lessors have to comply strictly with the notification requirement. If they do not do so, it will be difficult to terminate the lease.

Advice

  • Make sure the lessee receives the termination notification in due time, not earlier than three months in advance, no later than one month in advance.
  • Make sure you can prove that the notification was received by the lessee. This might be a problem if it is only sent by e-mail.

More information

Would you like to learn more about the right to rent protection or temporary letting? Or do you have any other questions regarding lease agreements? Please contact us:

    Share on social media

    • Employment law and dismissal

    Be careful with the employer’s statement!

    14 June 2021

    Before obtaining a mortgage or rental contract, banks or landlords often ask for an employer’s statement. Such a statement can sometimes have unintended consequences for the employer. What do you need to be aware of?

    read on
    • Expats
    • Administrative law and the environment

    The Netherlands: Gateway to Europe

    3 May 2021

    The Netherlands likes to present itself as “the gateway to Europe.” And not without reason: excellent travel connections (Schiphol Amsterdam Airport and Rotterdam Seaport) and a highly educated population speaking several languages.

    read on
    • Art
    • Employment law and dismissal

    Russell Advocaten recommended by The Legal 500 2021

    20 April 2021

    Russell Advocaten has for the 17th consecutive year in a row been included in The Legal 500. We are pleased with the recognition for the quality of our legal services by experts and clients. Please read what they say about us:

    read on
    • Retail
    • Real estate and rent

    Tenant and landlord must share pain of lockdown

    30 March 2021

    When is a tenant entitled to rent reduction? How are the consequences of the coronavirus crisis shared between landlord and tenant?

    read on
    • Retail
    • Real estate and rent

    What to do when a lessee goes bankrupt?

    25 November 2020

    There are still fewer bankruptcies than expected due to the coronavirus crisis. Many shops are still keeping their heads above water thanks to the government support. There is, however, a good chance that they will crash when the support is over. Especially if the second wave will be followed by a third wave. As a lessor, what do you have to pay attention to if a lessee goes bankrupt?

    read on
    • Real estate and rent

    Leasing/letting: A defect in the rented property: Who is responsible?

    26 October 2020

    What can the tenant of a property do if his rental enjoyment is affected by defects in the rented property? Does he have to solve this himself or does the landlord have to do so?

    read on
    • Fashion and luxury
    • Real estate and rent

    COVID-19 measures can be a ground for rent reduction

    29 September 2020

    COVID-19 measures are regarded as unforeseen circumstances. This means there may be a ground for rent reduction in the hospitality and retail industries. What does the tenant have to prove to be entitled to rent reduction? And how can the landlord counter the request of the tenant?

    read on
    • Fashion and luxury
    • Real estate and rent

    Are tenants of retail or hospitality space entitled to rent reduction due to the coronavirus crisis?

    9 June 2020

    Because of the government measures against the coronavirus, tenants of retail and hospitality space have no or less income. Are they therefore entitled to a rent reduction? Sometimes they are, but often they are not. When are they entitled and when are they not?

    read on