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rolf

Problem With Landlord - Any Advice?

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Hi all,

Got a problem with a landlord, wondering if any of you have any thoughts on this.

OK first of all I'm in The Netherlands. I know the law will be different to the UK but mostly the same and we can still study the contract.

I have a fixed term contract with the following clause I have translated:

THE END OF THE LEASE

Art. 15

The tenant cannot terminate before the end of the lease, unless he himself takes care of a subsequent tenant for the remaining time. The notice for the tenant is one month. The cancellation must be made on the first or the sixteenth of the month.

I don't understand the bit about notice. It implies to me that the renter has to give notice? (remember this is a fixed contract)

But if a fixed contract ends and no new one has been signed, then why does the renter need to give any notice? He has no right to stay there past the original contract end date, surely? Or maybe it's standard in The Netherlands to be obliged to give notice at the end of a fixed term contract? Doesn't make sense to me.

btw this is part of a standard contract from a room classified ads website. I'm thinking they've made an error here on their downloadable ready to fill in contracts.

I'm convinced that the temporary contract has an error in it because the whole point of a one month notice on a permanent contract is to terminate it, but the whole point of a fixed contract is the automatic expiration. Seems almost no reason to have a fixed contract otherwise if not to free up the obligations of both sides automatically at expiration.

What do you think?

btw the whole reason for this is because the landlord is being a tw@t. Trying to introduce new conditions not in the contract like:

- get out of the house for one hour when the estate agent does viewings to sell the house (our contracts are on our individual rooms+shared facilities. I can stay in my room whenever I want).

- comes in all the time unannounced with his key (breaks this other clause in the contract: "The landlord will respect the privacy of the tenant and the rented space only enter by appointment with the tenant (s). )"

- wants an email every time someone comes over to stay including their full address! As well as being bang out of order, it goes against this: "The tenant has the right to receive visits in the rented and to stay overnight. "

- wants us to make the place spotless for viewings, including our rooms. (does he think we're his slaves?)

Basically, I'm considering bailing at the end of the contract which is within a few days and not going through the hassle of a month's notice. I reckon I can but this one original clause at the top confuses me. Looks an error to me.

I'd gratefully appreciate any advice or tips.

Edited by rolf

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0) The law regarding renting in Holland is very different from that in the UK and it is relatively rare to be on fixed term as you typically rent until you want to leave. However to me it sounds like you are renting a room in a student-accomodation, correct?

1) A document that explains the law regarding renting rooms can be found here: http://www.lsvb.nl/upload/Brochure%20huurd...51%20(2008).pdf (unfortunately for you in Dutch!)

2) That document tells you in paragraph 6.1 that a fixed term contract does NOT end automatically at the end of the contract but needs to be terminated by the renter by giving notice. So that term in your contract appears correct to me and you are required to give a month notice if that is the agreed minimum term in the contract!!

3) Note that it is very difficult to give any advise based on a translated fragment from a longer contract. Would you have a link to the complete contract in Dutch (with personal details removed) as I am fluent in that language. However the things you mention that the landlord does, do appear to be against the law!

4) It sounds like you are renting a room in a student-accomodation, correct? Assuming that you are a student I would advice you to contact the LSVb Studentenlijn as they can probably give you advice how to deal with this, see http://www.lsvb.nl/studentenlijn.html or at least point you in the correct direction. Other options are to speak to a "rechts-winkel" in your town.

edit) Remember that you can make his life really difficult as the contracts does NOT terminate on him selling the house. And for a landlord it is very difficult to terminate the contract as you will see from the document linked to above.

Edited by moesasji

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Hi moesasji,

Thanks for your reply, it's more than I expected that someone else is speaking Dutch!

My contract is actually from here:

http://www.kamernet.nl/contract_tijdelijk.htm

Yes the room is sort of like student accommodation. We are 2 workers and 1 student in a 3-bed flat with each room rented individually with individual contract. But alas I am not a student so I cannot use student assistance.

thanks for so far and any more help you could give. I am probably going to give him one month notice today, seems I can't exploit and bail immediately. Dank je wel!

Edited by rolf

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The LSVb is manned by student-volunteers that typically know their stuff well... I'm pretty sure that they would be willing to talk to you seeing that you basically live in student accomodation. However the contract seems to confirm exactly to the law and probably leaving is your best option as I don't see your landlord changing behaviour if he wants to sell.

The only way out of paying the additional month is finding a new renter in your place. Depending on the city you live in and the amount you pay this can be quite easy especially as the academic year has just started. Remember that some cities have massive shortages on student-accomodation!

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