Reinier Russell

managing partner

Reinier advises national and international companies

reinier.russell@russell.nl
+31 20 301 55 55

Laura Schalk

lawyer

Laura is an expert in corporate law and litigation

laura.schalk@russell.nl
+31 20 301 55 55

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:

    We process the personal data above with your permission. You can withdraw your permission at any time. For more information please see our Privacy Statement.

    Related publications

    Significant changes for entrepreneurs and employers

    In the second quarter of 2022, there are again a number of changes in laws and regulations. This blog highlights the most significant changes for entrepreneurs and employers.

    Read more

    6 tips for a successful call on urgent personal use of retail space

    Does your competitor rent retail space in a prime location? Then you can try to buy that property and start a shop yourself by terminating the lease because of urgent personal use. But when is it a matter of personal use? And when is personal use urgent?

    Read more

    Rent reduction due to lockdown?

    The Dutch Supreme Court has determined when coronavirus measures entitle to a rent reduction. And how such a reduction must be calculated. When are you or your tenant entitled to lower rent? And how do you calculate it?

    Read more

    Calculation of rent reduction due to lockdown

    How does the court calculate a lower rent due to the lockdown? Does online turnover count? Does it matter whether the tenant or landlord is large or small?

    Read more

    Questions and challenges during COVID-19: Dutch employment law, tenancy law and contract law

    In this article, we will discuss several questions and challenges in the field of Dutch employment law, tenancy law and contract law during COVID-19.

    Read more

    Be careful with the employer’s statement!

    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 more