Recent case law on temporary letting of residential accommodation
The (Dutch) Mobility in the Rental Market Act 2015 [Wet doorstroming huurmarkt 2015] led to amendment of Section 7:271(1) of the Dutch Civil Code (DCC) with effect from 1 July 2016. Since then, it has been possible to conclude a fixed-term tenancy agreement for self-contained residential accommodation for a maximum period of two years that terminates at the end of the agreed period.
This fixed-term tenancy agreement has a number of consequences. Among other things, the tenant is permitted by law (Section 7:271(1) in conjunction with Section 7:271(5) DCC) to terminate the tenancy agreement prematurely. Up to six months after the fixed-term tenancy agreement expires, the tenant may also request a ruling from the rent assessment committee [huurcommissie] on the reasonableness of the agreed rent (Section 7:249(2) DCC). After the fixed term expires, the tenant has no rent protection and must vacate the residential accommodation. This is on condition that the landlord has sent the tenant notice to that effect in good time. There have since been a number of judgments on the temporary letting of residential accommodation. Jorieke van Strijen recently wrote a note on two of those judgments: WR 2019/3 and WR 2019/18. These have been published in WR Tijdschrift voor Huurrecht (Kluwer, numbers 2019/3 and 2019/18).
