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Policy books Table of contents | Breakdown book Service costs Valuation system independent living accommodation Valuation system of non-self- contained accommodation Rent increase after home improvement Rent Commission Breakdown book Version July 2022 Table of contents Foreword 3 Chapter 1 - Introduction 4 Chapter 2 - Legal framework 5 2.1 Defects in a living space 5 2.2 Defects and shortcomings outside the landlord's maintenance obligation 6 2.3 Three categories of defects 6 Chapter 3 - Procedural rules 8 3.1 Assessment of initial rent (7:249 DCC) 8 3.1.1 Investigation in case of initial rent review 8 3.2 Rent reduction on grounds of maintenance defects (7:257 DCC) 8 3.2.1 Investigation in case of rent reduction on grounds of defects 9 3.3 Engaging external expert 9 3.4 Effective date of temporary rent reduction 10 3.5 Duration of rent reduction 10 Chapter 4 - Category A, B and C defects 11 4.1 Category A - very serious defects to and deficiencies regarding the living space 11 4.2 Category B - serious defects to and deficiencies regarding the housing accommodation 14 4.3 Category C - other serious defects to and deficiencies with regard to the living space itself 16 4.4 Additional provisions for caravans and pitches 19 Chapter 5 - Supplementary C-list 20 5.1 Table of contents supplementary list Category C 20 5.2 Supplementary list to Category C 21 Chapter 6 - Temporary rent reduction 37 6.1 Maximum temporary rent reduction 37 6.2 Situations where a less far-reaching rent reduction may be pronounced 37 6.3 Multiple defects in home 40 6.4 No rent increase possible in case of defects 40 Annex - Glossary 41 Rent Commission Book of Defects 2 Foreword The Rent Commission is an independent administrative body whose tasks include ruling on the rent to be charged for defects. In performing this task, the Rent Commission must comply with laws and regulations. In recent years, the practical elaboration of these provisions has led to implementation policies. This defects book aims to provide insight into The implementation policy of the Rent Commission regarding the categories of defects and deficiencies that can occur in a rental property and the corresponding rent reduction. This sets out the policies that the Rent Commission assumes. The Rent Commission will therefore act in accordance with these policy lines and will only deviate from them, with reasons, insofar as the dispute at hand requires this because of disproportionate consequences for the interested party or parties in the event of full application of this policy. A new version of the defects book will be issued on a regular basis due to new legislation or amendments to the implementation policy. This version of the defects book applies to the procedure under Article 7:257(2) of the Civil Code to those cases where the tenant made the defect notification on or after 1 July 2022. For proceedings under Article 7:249 of the Civil Code, this version of the defects book shall apply to those cases where the effective date of the lease falls on or after 1 July 2022. The Rent Board, dated 1 July Rent Commission Book of Defects 3 Chapter 1 - Introduction This defects book explains how the Rent Commission handles a dispute and reaches a decision when a tenant and landlord disagree on the rent if there are defects. The defects book is a policy document of the Rent Commission and plays a role in two proceedings: • rent reduction on grounds of maintenance defects as follows from Article 7:257(2) of the Civil Code (hereinafter: BW); • test initial rent as follows from Section 7:249 of the Civil Code. The legal basis of the defects book can be found in Article 3a, paragraph 3 of the Housing (Tenancy Rates) Implementation Act (hereinafter Uhw) and Article 6, paragraph 2 of the Housing (Tenancy Rates) Decree (hereinafter Bhw). With the defects book, the Rent Commission provides insight into its implementation policy regarding serious defects and shortcomings that may occur in a rental property and the corresponding reduction of the rent. The structure of the defects book is as follows. Chapter 2 contains the legal framework applicable to procedures assessing initial rent (7:249 DCC) and rent reduction on the grounds of maintenance defects (7:257 (2) DCC). It discusses the term 'defect', which defects the landlord does not have to remedy and the three categories of defects. Chapter 3 briefly discusses the procedural rules to promote an orderly and expeditious resolution of the dispute. Chapter 4 contains the three lists of defects set out in Schedule II to the Bhw, with explanations from the Rent Commission. These lists of defects distinguish between categories A, B and C. The category A list of defects are very serious defects and deficiencies. The category B list contains the serious defects and deficiencies. The category C list contains other serious defects and deficiencies. This distinction is important in view of the maximum temporary rent reduction that can be pronounced by the Rent Commission. • In case of a Category A defect, the Rent Commission can temporarily reduce the rent to a maximum of 20% of the set/running rent. • For a Category B deficiency, the Rent Commission can temporarily reduce the rent to a maximum of 30% of the set/rated rent. • In case of a Category C defect, the Rent Commission can temporarily reduce the rent to a maximum of 40 per cent of the set/running rent. The explanation of each defect explains how the Rent Commission interprets the different categories of defects as listed in the law. Unlike the A and B categories, the defects in the C category are not exhaustive. The Rent Commission has been given the option to add to the C category. The C category therefore consists of two parts: 1) the other serious defects and shortcomings as follows from Schedule II Bhw and 2) a supplementary C list, drawn up and maintained by the Rent Commission. Chapter 5 contains this supplementary C-list. Chapter 6 discusses the Rent Commission's implementation policy towards regarding its power to issue a temporary rent reduction on the rent. Finally, in the appendix, we explain some construction terms found in this defect book. Rent Commission Book of Defects 4 Chapter 2 - Legal framework The Rent Commission is tasked with ruling on the rent to be charged for defects. In two proceedings, namely rent reduction on the grounds of maintenance defects (Section 7:257(2) of the Civil Code) and verification of initial rent (Section 7:249 of the Civil Code), the Rent Commission has the power to pronounce a temporary rent reduction if there is a defect in the housing accommodation. This chapter explains what is meant by a defect by the Rent Commission and which defects can lead to a rent reduction. It also discusses which defects and shortcomings are not covered by the landlord's maintenance obligation. Finally, the various categories of A, B and C defects are explained in more detail. 2.1 Defects in a living space If there are one or more defects in a rental property, this could be grounds for a rent reduction.1 To assess whether there is a defect, it is necessary to know what is meant by 'a defect'. According to Section 7:204(2) of the Civil Code, the definition of a defect is: 'A condition or property or other circumstance of the leased property that cannot be attributed to the tenant, as a result of which the property cannot provide the tenant with the enjoyment that a tenant may expect upon entering into the contract'. Moreover, it is important to know when there is a defect in a residential property. This is further elaborated in Section 7:241 of the Civil Code. This states that 'By or pursuant to a general order in council, it shall be determined which shortcomings shall be regarded as defects in each case. The provisions laid down pursuant to this article cannot be deviated from to the detriment of the tenant'. In the Bhw, the legislator included the so-called defect lists. These defect lists contain a list of defects that are considered defects in any case and which are included in Schedule II of the Bhw. If the tenant submits a request to the Rent Commission pursuant to Section 7:257(2) of the DCC or pursuant to Section 7:249 of the DCC, the Rent Commission will base its ruling on whether there is a defect that can lead to a rent reduction on the concept of 'defect' as follows from Section 7:241 of the DCC and is concretised in the lists of defects. This follows from Section 7:257(2) of the Civil Code and is confirmed in Article 1a Uhw where, in the definitions, it is explained that the term 'defect' is the same implies as in Section 7:241 of the Civil Code. This means that the term 'defect' in Section 7:241 of the Civil Code is less broadly defined than the term 'defect' in Section 7:204 of the Civil Code. For the Rent Commission, a defect as follows from the Uhw relates to a more limited category of defects than those falling under the description of Section 7:204(2) of the Civil Code. This defect book sets out what in any case is considered a 'defect' by the Rent Commission. These defects follow from Section 6 Bhw and Schedule II to the Bhw and the Rent Commission is also bound by them. These defects usually give rise to a temporary rent reduction until the defects are remedied, unless circumstances arise that do not justify a temporary rent reduction.2 1 Article 7:257(2) BW and Article 16 Uhw. 2 See chapter 6 for more information on the temporary rent reductions the Rent Commission can issue. Rent Commission Book of Defects 5 2.2 Defects and shortcomings outside the landlord's maintenance obligation The following defects and shortcomings do not fall under the landlord's maintenance obligation. Therefore, they cannot lead to a temporary reduction of the rent on the grounds of maintenance defects. • Defects and shortcomings relating to facilities installed by the incumbent tenant at his own expense, so-called self-installed facilities. • Defects and shortcomings whose maintenance obligation is the responsibility of the tenant according to the agreement between tenant and landlord. For example, the incumbent tenant may have expressly accepted the maintenance obligation of a self-installed feature installed by the previous tenant. • Defects and shortcomings whose repair obligation of minor maintenance according to Art. 7:217 of the Civil Code are for the account and risk of the tenant. The Minor Repairs Decree details when the tenant in a residential property is responsible for minor maintenance. The annex to this decree contains a non- exhaustive list of activities to be considered minor repairs for which the tenant is responsible.3 • Defects and shortcomings attributable to the tenant. For example, a defect may be caused by incompetent or improper use by the incumbent tenant. 2.3 Three categories of defects Annex II to the Bhw identifies three categories of defects: an A, B and C category. These categories describe the defects where the Rent Commission has the option to temporarily reduce the rent: • Category A: these are the very serious defects and deficiencies; • Category B: these are the serious defects and deficiencies; • Category C: this is a non-exhaustive 'residual category' containing other serious defects and deficiencies. This distinction is important because it determines the maximum temporary rent reduction the Rent Commission can pronounce. Read more about this in chapter 6. The defects in categories A and B are exhaustive. This means there is no legal basis for the Rent Commission to expand these categories to include other defects and deficiencies. The Rent Commission does provide an explanation of these defects in the defect book. 3 See Annex to Article 1 of the Minor Repairs Decree. Rent Commission Book of Defects 6 Unlike the A and B categories, the defects in the C category are not exhaustive.4 For the C-category, the Rent Commission has the option to supplement it with other defects. Annex II of the Bhw uses the following criterion for this purpose: 'Serious defects and shortcomings in respect of the living accommodation that seriously harm the residential property but do not belong to the defects or shortcomings in categories A and B'. This means that the Rent Commission can supplement category C with serious defects or shortcomings that seriously harm the residential property. Category C thus consists of two parts: 1) the other serious defects and deficiencies as listed in Schedule II Bhw and 2) an additional C list, drawn up and maintained by the Rent Commission. The Rent Commission ensures That this additional C-list be regularly updated with defects that have been pronounced but not yet included in the C- list.5 4 Schedule II Bhw. 5 This is in line with the explanatory note to the Decree of 6 February 1999, Stb. 1999, 69. Rent Commission Book of Defects 7 Chapter 3 - Procedural rules The procedural rules before the Rent Commission in respect of the two procedures in which the defects book plays a role are briefly discussed below: rent reduction on the grounds of maintenance defects as follows from Section 7:257(2) of the Dutch Civil Code and verification of initial rent as follows from Section 7:249 of the Dutch Civil Code. 3.1 Assessment of initial rent (7:249 BW) If the tenant submits a request referred to in Section 7:249 of the Civil Code, the Rent Commission rules on the reasonableness of the agreed rent.6 In this procedure, the Rent Commission tests two issues. First, it determines whether the agreed rent is in reasonable proportion to the quality of the accommodation. The Rent Commission's policy on this aspect is further detailed in the policy books valuation system for self-contained and non-self-contained housing. Secondly, the Rent Commission tests whether there are serious defects that were present at the start of the rental agreement and whether these serious defects give reasons to temporarily reduce the rent.7 It is not mandatory in these proceedings for the tenant to have reported the defects to the landlord. This is because the landlord can be expected to be familiar with the condition of the property at the time of entering into a new lease. The Rent Commission does expect the tenant to indicate in the petition the defects that were present in the property at the start of the lease. The Rent Commission will assess whether there are serious defects as follows from the defects book and, if so, whether the rent will be temporarily reduced. 3.1.1 Investigation in case of initial rent review The Rent Commission investigates whether there are serious defects in the housing unit. Usually, the defects in the property are investigated by a Rent Commission investigator, but this is not always possible and/or necessary. For example, it may happen that the tenant has since moved out, the defect has already has been repaired or if, in some cases, the Rent Commission does not have the technical knowledge and/or equipment to investigate the defect. The investigation is limited to the defects that were present at the start of the lease. If it is not possible for the Huurcommissie investigator to establish whether the defects were present at the start, this will be noted in the report of investigation. The reference date for the investigation is the condition at the time the tenancy agreement commenced. This means that defects that were not present at the start of the lease will not be taken into account by the Rent Commission. 3.2 Rent reduction on grounds of maintenance defects (7:257 DCC) If the tenant applies for a rent reduction on the grounds of maintenance defects, the Rent Commission will rule on a temporary reduction of the rent due to maintenance defects.8 To do so, the tenant must first inform the landlord in writing about the defects in the living accommodation. The Rent Commission calls this a defect notice. The landlord then has six weeks to make this to remedy defects. If the landlord has not remedied the defects within the six-week period, 6 Article 11(3) Uhw. 7 Article. 4(2)(a) Uhw jo. Article 12 Uhw. 8 Article 4(2)(e) Uhw. Rent Commission Book of Defects 8 then the tenant can submit a request 'Rent reduction on grounds of maintenance defects' to the Rent Commission.9 The Rent Commission will assess whether there are serious defects as follows from the defects book and, if so, whether the rent will be temporarily reduced.10 3.2.1 Investigation in case of rent reduction on grounds of defects The Rent Commission investigates whether there are serious defects in the housing unit as named in the defect book. Usually, the defects in the dwelling are investigated by an investigator from the Rent Commission, but this is not always possible and/or necessary. For example, it may happen that the tenant has since moved out, the defect has already been repaired or if the Rent Commission does not have the technical knowledge and/or equipment to investigate the defect. An investigation in the living space is then not useful.11 The investigation is limited to the listed defects in the defect notice, also known as notification, to the landlord. Other defects not mentioned in the defect notification to the landlord will only be included if these defects are of 'such a nature or coherence that they are should have been known to the landlord even without the written notice'.12 The reference date for the investigation is the condition at the time the tenant sent the defect notification to the landlord.13 This means that any defects not mentioned in the defect notification will in principle not be taken into account by the Rent Commission. 3.3 Engaging external expert In many cases, the Rent Commission has sufficient technical knowledge to establish the presence of a listed defect or deficiency. In some cases, the Rent Commission does not have the necessary equipment and/or specialist knowledge to determine the defects. In that case, the tenant (the asserting party) must prove that there is a defect. The tenant must then have an investigation conducted by an independent and expert agency (possibly in cooperation with the landlord) itself to prove the defect. If the tenant cannot provide the so-called expert report, the Rent Commission will not be able to establish that there is a defect. In this case, the request to pronounce a temporary rent reduction due to the complaint in question will not be honoured. Tenants should have an independent and expert agency investigate for the following defects surveys: • An acoustic survey related to severe noise nuisance or insufficient noise insulation (defects C3 and C7); • structural inspection report with regard to the functioning of the drain (defect B4); • examination of the capacity of technical installations, such as a heating system, lift or central heating boiler (defects C2, Cqa and Cqc); • inspection report on loose wiring and/or insufficient shielding of wiring (defect Cqb1); • examination for lead content in drinking water (Cqd3). The tenant must prove this defect via an expert report if lead pipes are not visually visible; • investigation of insufficient hot water in an individual hot water supply (Cqd1 and Cqd2); • investigation of the cold water system in connection with an increased risk of legionella bacteria (Cqd4); • Expert report on heat nuisance within living quarters. 9 Article 7:252(2) BW jo. article 16 Uhw. 10 Article 16 Uhw. 11 See section 3.3 for more information. 12 Article 16(2) Uhw. 13 Article 16(2) Uhw. Rent Commission Book of Defects 9 3.4 Effective date of temporary rent reduction The Rent Commission determines whether and, if so, which defects lead to a rent reduction and which rent, given these defects, is reasonable This applies to requests to have the initial rent reviewed in the case of a new contract (Section 7:249 of the Civil Code) and in the case of rent reduction on the grounds of defects (Section 7:257 of the Civil Code). If the Rent Commission grants a temporary rent reduction, the reduction will take effect at the following time: • In the case of a request under Section 7:257 of the Civil Code: on the first day of the month following the month in which the tenant reported the defects to the landlord.14 Hereby, no temporary rent reduction can be claimed for a period longer than six months prior to the filing of the petition. • In the case of a request under section 7:249 of the Civil Code: on the commencement date of the lease. 3.5 Duration of rent reduction After the defects mentioned in the ruling have been remedied, the temporary rent reduction will no longer apply from the first day of the month following the month in which these defects were remedied. If the tenant and the landlord have a difference of opinion on whether or not the defect has been remedied, the landlord can request the Rent Commission to rule on the matter.15 The landlord can submit the petition 'Notification repairing defects' to the Rent Commission. In doing so, the not possible to pronounce the termination of the temporary rent reduction over a period longer than six months prior to the filing of the request. 14 Article 16(3) Uhw 15 Article 16(4) jo. article 12(5) Uhw. Rent Commission Book of Defects 10 Chapter 4 - Category A, B and C defects Chapter 4 contains three lists of defects, as listed in Schedule II to the Bhw. These lists are accompanied by explanatory notes from the Rent Commission. In section 4.1 the category A list, in section 4.2 the category B list and in section 4.3 the category C list. Section 4 names the additional conditions for caravans and pitches. The defects in categories A and B are exhaustive. This means that there is no legal basis to expand these categories to include other defects and deficiencies. The defects in the C-list are not exhaustive. Chapter 5 contains the Rent Commission's additions to the C-list. In the tables below, the text of the relevant defect or shortcoming to or in respect of the housing accommodation is given in the left-hand column. The right column contains an explanation by the Rent Commission to clarify the described defects and shortcomings. The explanatory notes may refer to the relevant sections and articles of the 2012 Building Decree.16 4.1 Category A - very serious defects to and deficiencies with regard to the housing accommodation Annex II to the Housing Rents Decree Very serious Description/Explanation defects/deficiencies (cat. A) 1. There is no connection of the An air and watertight sewerage system should be present within the living space or living quarters constituting residential building. an independent dwelling to the public Instead of connecting to the public sewerage network, an alternative system could be wastewater sewer, as referred to discharge to open water via a septic tank. to in section 6.4 of the Building Decree 2012, or to an The above applies to self-contained and dependent living quarters as well as to alternative treatment system caravans and pitches (Chapter 6, Section 6.4, Articles 6.15 and 6.16 of the Building for household waste. Regulations 2012). It should be noted that a so-called chemical toilet should be regarded as movable (no connection to a (drinking) water supply and sewage system). 2. There is no possibility of In an accommodation room, toilet room and bath room, air exchange should be supplying fresh air and possible by means of fresh air supply and indoor air exhaust. exhausting indoor air from the toilet room, the For a toilet or bath room, the exhaust of indoor air should take place directly to the room in which the outside. cooking ge- unit is located, the main For the supply of outside air and the removal of inside air to and from an living area, sleeping area or accommodation space, indirect supply and removal is also permitted, for example via bathing area referred to in another accommodation space or a traffic space. paragraphs 3.6.2 and 3.8.2 of The said deficiency relates exclusively to the presence or absence of ventilation facilities as The 2012 Building Code. referred to in Chapter 3 section 3.6.2 art. 3.37, 3.38 and 3.40 paragraphs 4 and 5 BB2012. Insufficient ventilation is addressed in Category C under item [1]. 16 Stb. 2011. 416, entered into force on 1 April 2012, last amended b y the Decree of 11 November 2021. Rent Commission Book of Defects 11 Very serious Description/Explanation defects/deficiencies (cat. A) 3. There is no daylighting in the This means that there is no daylight access at all in the aforementioned rooms as main living or sleeping area, as referred to in Chapter 3 section 3.11.2 BB2012. Insufficient daylight access is addressed referred to in Chapter 3 section in Category C under item [5]. 3.11.2 of The 2012 Building Code. 4. a. There is not a toilet room as For a plot (section) to qualify as living accommodation, at least a lockable toilet referred to in paragraph (communal or otherwise) must be present (Chapter 4 section 4.2.2 BB2012). 4.2.2 of the 2012 Building Decree that is equipped with A toilet room should have a minimum floor area of 0.64 m², with a width of at least 0.6 a toilet bowl connected to metres and a height above the floor of at least 2 metres. The area is measured at floor the level (NEN 2580). supply of waste water and faeces, and of a water Independent living space: flushing facility Under the BB2012, the private toilet does not necessarily have to be present which is connected to the within the living space or residential building, but can also be located, for example, drinking water supply. in the outdoor storage room. b. There is for the benefit of the living space which is Non-self-contained housing: not an independent A communal toilet should, under the BB2012, only be accessible via one or more dwelling, not a toilet enclosed communal traffic areas. room, as referred to under a. Residential caravan/stand: There shall be at least one lockable toilet room in the trailer or in a building located on the pitch. 5. a. There is no washing facility For the purpose of living quarters, there is present at least: a bath, shower or (a bathtub, shower or washbasin connected to the sewage system and equipped with a cold water tap washbasin) in the living placed above it and connected to the drinking water supply. accommodation which forms an independent The stated minimum requirements apply to both an independent living dwelling that, inter alia accommodation, a non-independent living accommodation and a caravan or pitch. In which, is connected to the the case of non-independent living quarters, at least one shared bathroom space must sewage and faeces supply be present. Separate refers to the space here, the use may be communal. and equipped with a tap connected to the drinking A bathing room or washing facility may be joined with a toilet room. Thus, a toilet room water supply. may qualify as a bathing room if it is also equipped with at least a washbasin. A toilet b. There is no washing facility, room with a fountain is not a bathing room. A washbasin in another room, e.g. in a as referred to under a, for the bedroom, may qualify as a washing facility. benefit of the living space which does not constitute an A kitchen with a sink cannot (partly for hygiene reasons) be classified as a independent dwelling. washroom/bathroom. A shower cubicle connected to the sewage system and drinking water supply should be classified as a bathing space, regardless of in which room it is placed. If a shower cubicle is classified as a separate bathing area, it should also meet the ventilation requirements to be imposed on it. If the shower cubicle is installed in a separate room, this room should meet the requirements for a bathroom. A separate bathroom should be lockable. The area is measured at floor level (NEN 2580). Rent Commission Book of Defects 12 Very serious Description/Explanation defects/deficiencies (cat. A) 6. There is not a place for a sink A cooking facility (being able to prepare food) should be provided according to chapter 4 and a place for a cooker in the afd. living area which forms an 4.7.2 art. 4.41 and 4.42 subsection 1 BB2012 shall consist at least of a kitchen sink and independent dwelling. a cooking appliance location in a confined space. in section 4.7.2 of the 2012 Building Decree, provided with Minimum requirements in housing: a countertop with a sink Location within the living space. The minimum size of the countertop siding is 0.7 connected to the waste water metres long and 0.4 metres wide. Countertop should have a sink connected to the and faeces disposal facility and sewage system with a tap above the sink connected to the drinking water supply. The with a tap connected to the minimum size of the cooking cooker set-up area is 0.4 x 0.4 m. drinking water supply. Additional requirements in common use: Location in an enclosed communal space. Minimum dimensions are subject to the same requirements as residential space. Requirements at caravans or pitches: There must be cooking facilities in a caravan or in a building on the pitch. There must be at least one countertop with a sink and a place for a cooking device (countertop equipped with a sink and connected to the sewage system and drinking water supply). Minimum dimensions are subject to the same requirements as residential space. 7. The entrance to the living This refers to the closability of doors and windows that form the boundary between quarters constituting an common areas and private areas and/or that form the boundary between indoor and independent dwelling or the outdoor areas. entrance to a room in the living quarters not constituting an This locking must be such that in the absence of the occupant, the independent living independent dwelling that space or, in the case of a non-independent living space, the private area cannot be opens onto the common room entered by third parties. shall not be lockable. This means that the entrance door(s) to the independent living space and the entrance door(s) to the private areas of the non-autonomous living space should be lockable on two sides. All other doors and windows that form the boundary between communal and private areas and between inside and outside should be lockable at least on the inside. Internal doors located within the private area need not be lockable. If the toilet room, which belongs exclusively to the self-contained or to the dependent living space, is located outside the living space (e.g. on the communal landing), the door must be lockable on two sides. 8. As a result of the condition of The enumeration is not cumulative. the foundation of the dwelling, the chassis of the In the presence of only one of the aforementioned situations, a serious defect or trailer, the soil of the pitch deficiency can already be assumed. for the trailer, the walls of the dwelling, the walls of the trailer, the roof, the stairs, the floors, the chimneys, balconies, galleries or railings are located, due to the associated safety hazard and residents' health unfit for habitation. Rent Commission Book of Defects 13 4.2 Category B - serious defects to and deficiencies with regard to the housing accommodation Serious Description/Explanation defects/deficiencies (cat. B) 1. In relation to residential premises, there is a duty to make provision pursuant to a decision under section 13 of the Housing Act, or a decision to impose an administrative coercion order or penalty payment order for breach of the provisions under or pursuant to section 1a, 1b, 7b, or 13 of the Housing Act, insofar as the relevant provisions have not yet been made and insofar as the obligation to make those provisions is fulfilled underlying defects or deficiencies seriously impair the living enjoyment of the rented accommodation. 2. In kitchen, living or sleeping Moisture and mould on walls/ceilings/floors and/or beams, floorboards, skirting boards quarters, due to the structural or window frames affected by wood rot should be considered as serious. In general, condition of the living space, the Rent Commission assumes a serious defect if the moisture and mould formation there is condensation, seepage has an area of 0.25 m² or more. It should be noted that only the kitchen, living or or rising damp, causing mould sleeping areas are meant here. The bath room is included in Category C (extended list) or wood rot in beams or under Nb3. floorboards to such an extent that the usability of these rooms has been seriously affected. 3. The usability of the living space is In principle, a building or trailer intended for habitation should be wind and watertight seriously impaired due to (Chapter 3 section 3.5.2 BB2012). leakage from the outer shell of the living space causing rainwater to enter the living space. 4. Due to the structural The insufficient functioning of the flue for smoke and combustion gases can result in condition of the drain for accumulation of toxic gases, posing a direct danger to the health of the occupant the main heating system, (Chapter 3 section 3.8.2 BB2012). the drainage of the smoke or combustion gases, Analysis of the air in the living space can determine whether there is a health hazard. that the habitability of living space is seriously impaired. Rent Commission Book of Defects 14 Serious Description/Explanation defects/deficiencies (cat. B) 5. There is such a misalignment of For the purposes of this defect, such misalignment or slope shall generally mean a external walls of the dwelling misalignment or slope of 15 mm or more per m2 . or external walls of the trailer or such a slope of floors or The defects listed here must be present cumulatively. More than one defect already such a condition of ceilings constitutes cumulation of defects. If, for instance, the floors have such a slope, it should due to subsidence also be demonstrated that there are clamped doors or windows and/or (expansion) cracks or internal walls that the in the walls. habitability of the living space is seriously impaired. It should be noted that the presence of only one of the listed defects may well constitute a defect under Category C. 6. The sewerage system does not A living space or residential building (trailer or pitch) must have a facility for the function or functions in such a disposal of household waste connected to the public sewer or alternative heating way that the habitability of the system (Chapter 6 section 6.4 BB2012). Sewerage system means the entire piping living space is seriously system present in the living space or residential building for the disposal of waste water impaired. and faeces up to the plot boundary or public sewer. It should be noted that unblocking due to a technical defect should be considered the landlord's obligation under the regulations (Article 7:204-7:210 of the Civil Code). 7. Due to the fact that the floor The living area must have an almost permanent presence of odours typical of directly above the ground inadequate soil sealing. does not seal, a continuous and such an odour nuisance occurs within the living space that habitability is seriously impaired. 8. There is such an accumulation of If there is more than one defect, there may already be an accumulation of defects maintenance defects, such as: that seriously impair habitability. In principle, this concerns only hull defects. very poor condition of exterior painting It should be noted that the presence of only one of the listed defects may constitute a at all facades, severe wood rot Category C defect. in window frames and windows, poor condition of jointing and brickwork of the facades, severe keeling of external doors and windows and very poor condition of the roof, gutters, overhangs and chimneys, that the habitability of the living space is seriously impaired. Rent Commission Book of Defects 15 4.3 Category C - other serious defects to and deficiencies regarding the housing unit itself The living accommodation presents a defect that or a deficiency that: a. is not among the defects or deficiencies referred to in categories A and B, and b. seriously harms residential amenity, which is the case, for example, of: Other serious defects/deficiencies Description/Explanation (cat. C) 1. insufficient possibility of Minimum requirements for the supply and return air of toilet, bath room and ventilation of toilet, cooking accommodation spaces is based on Chapter 3 section 3.6.2 art. 3.37, 3.38 facility, bath or shower room paragraph 1 and paragraphs 3 to 7 or living or sleeping area and Art. 3.40(4) and (5) BB2012: causing severe odour and moisture nuisance; Toilet: minimum supply and return air 7 dm3 /s or 7 litres per second. Air extraction takes place directly to the outside. Bath room or combined toilet/bath room: minimum supply and return air 14 dm3 /s or 14 litres per second. Air extraction takes place directly to the outside. Accommodation area in which the cooker is located: minimum air inlet and outlet 21 dm3 /s or 21 litres per second. Air extraction takes place directly to the outside. Other accommodation areas: minimum air supply and exhaust 0.7 dm3 /s/m² or 0.7 litres per second per square metre of floor area with a minimum of 7 dm³/s. Supply and return air may therefore take place indirectly via an interior space or traffic area. It is noted that this defect/shortcoming in this context only occurs if odour and/or moisture nuisance (often combined with mould formation) occurs as a result of insufficient ventilation facilities. 2. a heating system that provides The starting point is the actual rented situation or the intended use of the various insufficient heat output in one rooms at the start of the lease. In any case, the temperature should be the one or more heated rooms of the calculated at the time of construction of living space so that adequate the installation. heating is not possible for the use for which that room or In general, the Rent Commission will follow the applicable standards: those rooms are intended; At an outdoor temperature of -10 C˚, it should be possible to maintain the temperatures below of all rooms to be heated: • Living room20 C˚ • Kitchen20 C˚ • Toilet15 C˚ • Entrance15 C˚ • Overflow15 C˚ • Bedroom18 C˚ • Bathroom22 C˚ Any changes made by the tenant during the rental period (e.g. merging rooms) that affect the proper functioning of the installation should be disregarded. Rent Commission Book of Defects 16 Other serious defects/deficiencies Description/Explanation (cat. C) 3. continuous serious noise (Chapter 3, section 3.2, art. 3.8 and art. 3.9 BB2012) nuisance from technical installations belonging to Serious noise nuisance due to technical installations (in the case of a toilet with a water the living space or flush, a tap, a mechanical ventilation system, a water heater, an installation for residential building; increasing water pressure or a lift) only exists if the characteristic installation noise level LI,A,k, determined in accordance with NEN 5077, in a residential area located on an adjoining plot, when the installation in question is in operation, exceeds 30 dB. Serious noise nuisance caused by the technical installations belonging to the dwelling (in case of a mechanical device for ventilation, heat generation or heat recovery) only exists if the characteristic installation noise level LI,A,k, determined in accordance with NEN 5077, in a non-communal living area of the use function, when the relevant installation is in operation, exceeds 30 dB. Serious noise nuisance caused by the technical installations belonging to the dwelling (in the case of a toilet with a water flush, a tap) shall only exist if the characteristic installation noise level LI,A,k, determined in accordance with NEN 5077, in a non- common habitable area of an adjoining residential function located on the same plot, when the installation in question is in operation, exceeds 30 dB. The mere fact of non-compliance with the aforementioned standards is not yet a serious defect or deficiency. In addition, noise pollution must actually take place. 4. serious leakage in the living This refers to leaks in the living space of water supply or drainage pipes in the living area of water supply or space and/or water supply or drainage pipes located in adjoining or surrounding living drainage pipes; spaces and/or rooms. 5. insufficient daylight entry into The 2012 Building Decree sets minimum requirements for daylight access in the main the main living area; living area for existing buildings. From a health perspective, daylight penetration or equivalent daylight area should be at least 0.5 m². Daylight access to the main living area may take place in an internal dividing structure insofar as it does not form the separation from another living area, toilet room, bathroom or storage area (i.e. indirectly via, for example, a conservatory, closed balcony, gallery, etc.). By equivalent daylight area is meant that obstructions are included in the mentioned area of 0.5 m² (Chapter 3 section 3.11.2 BB2012). An exception should be made for residential property designated as a national monument and entered in the national monument register as referred to in Article 1.1. and Article 3.3 of the Heritage Act or is designated as a protected town and village sight as referred to in Article 8a of the Residential Tenancy Decree, which refers to Article 1 g of the 1988 Monuments Act. Pursuant to Section 9.1 of the Heritage Act, Section 1 (g) of the 1988 Monuments Act will continue to apply unchanged until the Environment Act (Parliamentary Papers 33 962) enters into force. This Act will enter into force on 1 January 2022. Here, however, the extent to which habitability is harmed should be considered. Rent Commission Book of Defects 17 Other serious defects/deficiencies Description/Explanation (cat. C) 6. poor condition of interior walls The cracking in the interior walls mentioned in this defect may be the result of and ceilings in the form of uneven subsidence or misalignment of the plot and, therefore, may potentially be a severe cracking or loosening serious defect under Category B under item 5. plaster belonging to the leased property; This may also include, decayed plasterwork (with or without underlying plasterwork) and loose (installed by or with the landlord's consent) wall tiling. In general, the Rent Commission assumes a serious defect if the decayed plasterwork or loose wall tiling has a contiguous area of 0.25 m² or more. 7. inadequate sound insulation of There are no further requirements for sound insulation (sound transmission) in existing interior separating walls, inner buildings in the 2012 Building Decree. For the assessment, a correction is applied to the walls, floors or ceilings; requirements applicable to new buildings according to the Building Decree. The starting point is to apply the correction as it was before the amendment of the Building Decree 2012 and the defects book version 1 April 2012. For the assessment of acoustic quality, the characteristic airborne sound level difference (DnT,A,k) applicable to new buildings is taken into account, reduced by -10 dB for walls and -25 dB for floors and ceilings and the weighted impact sound level (LnT,A), determined in accordance with NEN 5077, plus +10 dB for walls and +25 dB for floors and ceilings. (BB 2012 ch. 3, sect. 3.4, sect. 3.16 and 3.17) The above standards also apply to the assessment of sound transmission between two living areas within the same living space and for room-separating constructions, in the case of room-by-room rental of non-autonomous living space. (BB 2012 ch. 3, section 3.4, subsection 3.17a) The standard does not apply if living spaces within the same dwelling are in open connection with each other, or if one living space is directly accessible from the other through a doorway. The mere fact of non-compliance with the aforementioned standards is not yet a serious defect or deficiency. In addition, noise pollution must actually take place. 8. consequential damage to the One defect may result in another defect. rented property from a defect referred to in this appendix Examples include the consequences of leakage and moisture nuisance, such as decayed that has since been remedied, stucco and wood rot, provided it is culpable to the landlord. insofar as it seriously impairs the enjoyment of life; Consequential damage caused as a result of the tenant's failure to timely report the defect to the landlord shall be borne by the tenant. 9. severe moisture or mould spots An external partition construction of a living space, toilet room or bathing room must due to rising or leaking moisture; be watertight to limit the penetration of moisture into the living space or residential building. The same also applies to the structure forming the separation between the living space or residential building and the crawl space. It should be noted that this situation explicitly concerns the watertightness of interior/exterior partition structures. For rising or penetrating moisture in kitchen, living or sleeping areas, see Category B under 2. Rent Commission Book of Defects 18 Other serious defects/deficiencies Description/Explanation (cat. C) 10. There is an accumulation of This refers to defects and shortcomings which, if assessed, would not be serious several defects and enough to decide to reduce the rent, but which, taken together or in combination with shortcomings that individually each other, should be considered in their entirety as a serious situation detrimental to are not considered, but the residential environment. collectively or in combination with each other seriously impair the residential environment. 4.4 Additional provisions for caravans and pitches With regard to caravans and pitches, Annex II of the Bhw Housing Act contains additional provisions which are listed below. 1. Notwithstanding Article 1 of the decree, the combination rental caravan on a rental site shall be considered as an independent "dwelling" in terms of the level of facilities referred to in 1, category A. 2. If there is the combination of owner-occupied caravan on a rented pitch, Articles 1, 4 and 5 of Part 1, Category A shall apply mutatis mutandis. 3. Maintenance defects or shortcomings, as referred to in Article 8 of Part 1, Category A, or as referred to in Part 1, Category B or C, to the owner-occupied caravan cannot affect the rent of the pitch. 4. The point in time at which the lease commenced shall be decisive for the assessment. If the parties have changed the situation by mutual agreement, the changed situation shall be the starting point. Rent Commission Book of Defects 19 Chapter 5 - Additional C-list Unlike the A and B categories, the defects in the C category are not exhaustive.17 The Rent Commission has been given the option to add to the C category. This C category therefore consists of two parts: the other serious defects and shortcomings as follows from Schedule II Bhw and an additional C list, drawn up and maintained by the Rent Commission. The first part was dealt with in the previous chapter and the supplementary C list is discussed in this chapter. The Rent Commission ensures that this additional C-list is regularly updated with defects that have been pronounced but not yet included in the C-list.18 The following criterion applies for the Rent Commission to include a C-list defect: 'Serious defects and shortcomings in respect of the living space that seriously harm the enjoyment of living space but do not belong to the defects or shortcomings in categories A and B'. An enumeration per distinguishable building component has been chosen as the format of the supplementary C- list. The table of contents is immediately preceding the supplementary list. In the left-hand column, the text of the relevant defect or deficiency to or in respect of the living accommodation is given. And in the right-hand column is an explanatory note to clarify the defined defects and deficiencies. 5.1 Table of contents supplementary list Category C A. Interior doors/frames B. Interior walls/inner walls C. Letterboxes D. External frames/windows/doors (wooden) E. External frames/windows/doors (metal/plastic) F. Exterior doors (indoor house entrance doors) G. Exterior walls H. Floors I. Sheds and storerooms J. Garden fence K. Rainwater drainage L. Ceilings M. Drainage N. Sanitary installations a. Kitchen countertop b. Shower, bath, washroom c. Washbasins/fountains d. Toilet O. Painting (exterior) P. Chimneys/ventilation ducts Q. Technical installations a. Heating installation b. Electrical installation c. Gas installation d. Domestic hot water system 17 Schedule II Bhw. 18 The explanatory note to the Decree of 6 February 1999, Stb. 1999, 69. Rent Commission Book of Defects 20 e. Lift installations f. Mechanical installation R. Stairs a. within b. outside S. Gardens/access paths T. Veranda/balcony/gallery V. Dampness 5.2 Supplementary list to Category C Supplementary list to Category C A. Interior doors/frames A1. The inner door can no longer be opened/closed due to For example, due to broken hinges or broken or cracked a structural defect. style or loose sill. " A2. The door to an accommodation room or bathing area The situation on site should show that a door should is missing. actually be present. An exception is the door of the room that houses a geyser and has been removed by order of the power company. B. Internal walls/inner walls B1. An interior wall is (partially) loose or cracked, posing a danger of masonry falling over and/or failing. B2. The wooden inner wall or partition wall is no longer This can also apply to a pre-wall that has been partially or stably connected to the surrounding structure. fully detached from the wall behind and as such has serious defects. B3. The door frame is no longer firmly connected to the The frame is loose in the wall into which it is incorporated. surrounding structure. C. Letterboxes C1. The mailbox does not meet the size requirements The tenant must prove that mail delivery has ceased and mail delivery has stopped as a result. due to failure to meet the minimum required size of the mailbox. This concerns only the window frames belonging to the D. External living area that form the separation between inside and frames/windows/doors outside and are present in a residential area, incl. the bathroom and toilet. (wooden) D1. The door or window can no longer be opened / closed For example, due to broken hinges or broken or cracked due to a structural defect. style or loose sill. D2. The connection between style and sill of the door or window has been lost due to wood rot. D3. Door or window hardware has come loose due to wood rot. D4. The hardware no longer functions due to a technical For example, broken hinges. defect. Rent Commission Book of Defects 21 Supplementary list to Category C D5. The frame/door/window is so warped or clamped that in This situation can no longer be solved by the tenant by simple one place the stop seam of the door or window cannot draught-proofing means. In general, the Rent Commission be sealed with draught-proofing devices. assumes a serious defect if the seam is 8 mm or more. D6. The frame/door/window warps such that the closing In general, the Rent Commission assumes a serious defect if the seam of the door or window is so large in one place closing seam is 10 mm or more. that it cannot be sealed with simple devices. D7. The door or window jams so severely that it cannot be closed by means of the existing locking device. D8. The frame/door/window is affected by wood rot to Under the 2012 Building Decree, watertightness is the extent that rainwater is entering. required of external partition structures. D9. Of a sash window, the change slats, sieves, sash It also includes the partial absence of exchange battens weights and/or the pulleys are missing. and coverings if this absence results in insufficient wind and water tightness. D10. The door or window can no longer be opened, For example, due to a technical defect or because of windows preventing ventilation in the room. or doors painted fixed by the landlord. D11. There is insufficient connection between the external The opening/seam between the façade frame or façade front frame or facade and the facade in which it is located, and the adjacent façade must be so large that the tenant resulting in an open connection with the outside air cannot seal it by simple means. In general, the Rent or cavity. Commission assumes a serious defect if the opening/seam is 8 mm or more. D12. Fall-through protection in the gable frame is missing If the height from the floor to the bottom of the opening in the or inadequate. façade frame (usually a movable window) is less than 60 centimetres, a so-called fall-through protection must be present for safety reasons (Chapter 2, section 2.3.2, art. 2.24 section 2 BB 2012). This obviously does not apply to a living area or to windows on the ground floor. This concerns only the window frames belonging to the E. External frames/windows/doors living area that form the separation between inside and (metal/plastic) outside and are present in a living area incl. the bathroom and toilet. E1. The door or window can no longer be opened due Basically, this means that the connection between stiles to a structural defect. and sills of movable doors and windows is no longer fully present or that the glass contained therein is loose so that danger of falling out is present. E2. Parts of the door/window hardware are worn The consequence should be that the door/window can no and/or broken. longer be opened normally or is no longer lockable. E3. The locking mechanism of the door/window In general, the Rent Commission assumes a serious has such slack that it cannot be closed with defect if the seam is 5 mm or more. 5 mm (rather than 8 common draught-excluding devices. as with wood) because with metal or plastic window frames are less easy to install draught exclusion devices than wooden window frames. Rent Commission Book of Defects 22 Supplementary list to Category C E4. Due to corrosion or ageing of the In general, the Rent Commission assumes a serious frame/door/window, the movable profiles change in defect if the seam is 5 mm or more. This change may be relation to the fixed profiles in such a way that the due to rusting (causing thickening) and subsequent existing seam is not sealed with common draught- derusting (causing thinning) and there on proofing devices. this way, gaps occur between the profiles of the fixed and to close. rotating parts. E5. Due to rusting of frame/door/window, glass breakage occurs due to this rusting. E6. The door/window can no longer be opened, For example, due to a technical defect or if because of preventing ventilation in the room. the landlord, the windows or doors were painted on. E7. The metal/plastic window frame is no longer firmly attached to the surrounding structure. E8. There is insufficient connection between the external The opening/seam between the façade frame or façade front window frame or facade and the facade in which it is and the adjacent façade must be so large that it can no longer located, resulting in an open connection with the be sealed by the tenant by simple means. outside air or cavity. In general, the Rent Commission assumes a serious defect if the gap/seam is 8 millimetres or more. E9. The fall-through protection in the gable If the height from the floor to the bottom of the opening in the frame is missing or inadequate. façade frame (usually a movable window) is less than 60 centimetres, from a safety point of view a so-called fall-through guard must be present to be (Chapter 2 section 2.3.2 art. 2.24 paragraph 2 of the Building Act 2012). This obviously does not apply to a living area or ground-floor windows. E10. The sliders that allow ventilation openings in façade Failure of the sliders for the vents to function should be due to frames or at the top of the a defect for which the landlord is liable. glass, of an accommodation space, can be opened and The minor and daily maintenance in the form of regular closed are so defective that they no longer function. cleaning of such facilities is the tenant's responsibility. This concerns flat entrance doors and window frames that F. Exterior doors are not in direct connection with the outside air (these are located in a communal hallway or stairwell, for example). (interior house access doors) F1. The door can no longer be opened/closed due to a For example, due to broken hinges or broken or cracked structural defect. struts on the hanging side. F2. The connection between the door's stile and sill has been lost due to wood rot (or, in the case of metal frames, rust). F3. The door's hardware has come loose due to wood rot/corrosion. F4. The frame/door is angled such that the closing In general, the Rent Commission assumes a serious seam is so large that it cannot be sealed by defect if the seam is 13 millimetres or more. Lower simple means. requirement than an indoor/outdoor situation because wind and water tightness is not a factor here. Rent Commission Book of Defects 23 Subscribe to DeepL Pro to translate larger documents. Visit www.DeepL.com/pro for more information. Supplementary list to Category C F5. The frame/door is so warped that the stop In general, the Rent Commission assumes a serious seam is so large that it cannot be sealed by defect if the seam is 15 millimetres or more. Lower simple means. requirement than an indoor/outdoor situation because wind and water tightness is not a factor here. These are exterior walls of stony material including the G. Exterior walls lintels, flashings and eaves incorporated therein. G1.A crack runs across the full height of the masonry parapet, causing loss of the bond in the masonry and threatening stone fall-out. G2. The brickwork in front of a steel lintel has moved This refers to the rolling or mullion layer masonry before a due to rusting to the extent that brick failure is steel lintel (i.e. on the façade side). imminent. G3. Loose bricks in masonry that may fall out. G4. Continuous cracks in the masonry allowing moisture and draughts to enter the living space. G5.Parts of concrete lintel, water layers or roof edge are Commonly caused by rusting of the steel reinforcement. loose, allowing falling out and creating a dangerous The dangerous situation may also be present if the defects situation. are found on an adjacent or upper living area. H. Flooring H1. The floor of one or more rooms slopes due to slanting These are situations where the entire living space is of the living space. skewed. In general, the Rent Commission assumes a serious defect if the slope of the floor is 15 mm or more per metre. If also clamped doors or windows and cracks in walls then possibly a serious defect as per Category B, under point 5. H2. The floor springs severely when walked on due to reduced load-bearing capacity of the underlying (load-bearing) structure. H3. A seam occurred between the floor and the skirting Here, the supporting structure present under the floor is boards due to insufficient load-bearing capacity of meant, for example, in the case of a wooden floor, the the structure. underlying joist. In general, the Rent Commission assumes a serious defect if the seam is 20 mm or more. H4. Of the wooden floor, part of the floorboards are In general, the Rent Commission assumes a serious missing. defect if 0.1 m² or more of floorboards are missing. Rent Commission Book of Defects 24 Supplementary list to Category C H5. When walked on, due to defects in the construction, This concerns noise pollution from floors in the living space the floor gives rise to noise pollution in the form of in question. Such a defect can also cause serious noise creaking to such an extent that it is audible in almost nuisance in adjacent or lower living areas. the entire living space. If the noise is coming from an adjacent, upper or lower living space or other adjoining space, a defect or deficiency as referred to in Category C [7] may be present (inadequate sound insulation of house separating walls/floors/ceilings). H6. The fastening materials (wire nails/screws) of the Wooden floor boards should be installed with the "centre wooden floor boards frequently rise when the floor side" upwards on the joist to prevent loosening of fasteners. is walked on. H7. Either the screed or the stony support floor has serious In general, the Rent assessment committee assumes a serious defects, requiring levelling before the floor can be defect if the screed or the stony bearing floor is not level over covered. an area of at least 1 m² and the depth/height of the unevenness is at least 15 mm deep. H8. The wooden floor in rooms other than kitchen, living or Many times this involves the wooden floor - including floor sleeping quarters is so affected by wood rot that the hatch usability of that room(s) is seriously impaired. - on the ground floor above the crawl space. If the wooden floor in kitchen, living room or bedroom is seriously affected by wood rot as a result of condensation, penetrating or rising damp, it may be a defect as referred to in Category B under 2. H9. Severely cracked and loose floor tiles over an area of 0.25 m² or more in living room, kitchen and bath room to the extent installed by the landlord. These are exclusively storage rooms and garages located I. Sheds, storerooms, garages outside the actual living space but belonging to the leased property. I1. The barn, shed or garage is no longer usable for A storage room is also understood to mean a permanent its intended purpose due to its technical storage room (installed by or with the consent of the condition. lessor) on a balcony or a storage room (located outside the actual living quarters and belonging to the leased property) located in a basement area. I2. There is danger of collapse of the barn, shed or garage. I3. The roofing is not watertight resulting in leakage of rainwater. I4. The door or window of the barn, shed or garage is seriously affected by wood rot or the hardware is defective due to a technical defect so that the door or window can no longer be locked. Rent Commission Book of Defects 25 Supplementary list to Category C J. Garden fence J1. The fence, fencing, privacy screen or gabion wall, as The fence/fencing/privacy screen/shoring wall can be a result of wood rot or any other cause, is so either wood, stone or other material. unstable or of such a construction and/or In general, the danger of falling over at (yard) partitions lower composition that a dangerous situation exists than 1.35 m is not considered so dangerous as to warrant a (falling over). sanction. The landlord is not responsible for the repair of the garden fence if the tenant installed the garden fence himself or the tenant is responsible for the repair under the Minor Repairs Decree (e.g. replacing a broken board, painting/staining). The tenant is also responsible for maintenance if, as a successive tenant, he has expressly accepted the partitioning of the property, which was installed by the previous tenant, with the associated maintenance obligation. The tenant is not responsible for maintenance if a takeover declaration between tenant and landlord is missing. K. Rainwater drainage K1. The rainwater discharge is defective such that This refers to a technical defect in the rainwater drain such rainwater penetrates the living space (leakage). as a kinked or dented drain that has greatly reduced its capacity and caused the drain to overflow. It should be noted that the cleaning and unblocking of gutters, drains and pipes belonging to the living space are in principle the responsibility of the tenant. is (Article 7:217 of the Civil Code) insofar as it is not due to a technical defect. K2. The rainwater drain does not have a water trap causing severe odour nuisance in the living space or in the garden, balcony or other outdoor area belonging to the living space. K3. The rainwater drain of the balcony or terrace does not have a water trap causing severe odour nuisance on the balcony or terrace belonging to the living area. K4. The rainwater drain of the balcony or terrace This is the situation where the balcony or terrace is unusable for shows a defect such that water remains on a long time (several hours) due to rainwater on it. almost the entire balcony or terrace for a long time after rainfall. K5. The gutter and/or awning belonging to the living The leakage of the gutter, awning or overflow of the space or building is leaking or overflowing due to a gutter must be such (e.g. above the entrance door) that technical defect. the resulting nuisance can be classified as a habitability- damaging defect. L. Ceilings L1. In the living area, pieces have fallen In general, the Rent Commission assumes a serious defect if from the ceiling, revealing the ceiling's pieces are missing from the ceiling over a continuous area of 0.1 supporting structure (thatch, stone mesh, m² or more. wooden battens, etc.). Rent Commission Book of Defects 26 Supplementary list to Category C L2. The ceiling in the living area is completely In general, the Rent Commission assumes a serious defect if or partially detached from the supporting the ceiling has become detached from the supporting structure behind. structure over 1 m² or more. There must be a risk of parts of the ceiling falling out (hazardous situation). L3. The finish of the ceiling has deteriorated or decayed over almost the entire surface to such an extent that it cannot be restored by normal painting. M. Sewerage See also Category B. M1. Parts of the sewerage system are defective such that This concerns the sewage system within the leakage of sewage into the living space occurs. living space and the crawl space belonging to the living space that is not completely watertight. M2. The sewerage system is defective to the extent May result from insufficient slope or insufficient or that there is backflow of sewage. no aeration of the sewage system. For multi-family dwellings, this includes wastewater backflow when sewage is used by upstairs or adjacent living quarters. M3. The sewage system is so defective that severe odour Odour nuisance can result from a technical defect or nuisance from sewage odour is noticeable in the shortcoming. For example, improper slope of the sewage living area or in the (common) stairwell. system (too little, too much or against slope) can drain the water locks when used. N. Sanitary installations a. kitchen countertop Na1 The sink or sink in the kitchen sink is leaking. This includes a tap causing a leakage at/under the kitchen sink. If these are repairs that can be done without too much cost and/or specialist knowledge, the tenant is responsible for them. Na2 The countertop shows visible water penetration due to insufficient watertight connection to the wall or cracking in the countertop. Na3 The wall above the kitchen sink and the wall behind The waterproof finish above the kitchen sink usually consists of the cooker set-up area is not watertight, causing the wall tiles up to a height of 1.5 m measured from the floor. wall to be affected by moisture. However, a waterproof finish can also consist of a material other than wall tiles (glass, stainless steel). Na4 The base cabinets or kitchen unit is in such poor condition that the countertop is not sufficiently supported. Na5 The countertop and/or sink made of stony material is E.g. if the binding agent (cement) between the granito grains very rough due to age and/or wear. has decayed and/or the so-called setting stones in the countertop are completely or partially missing and, as a result, the countertop and/or sink is so rough that a very unhygienic situation is present. Rent Commission Book of Defects 27 Supplementary list to Category C Na6 The connection between the sink and the The countertops referred to here consist of a loose sink or countertops connected to it and/or the sink unit (can be made of various materials) and loose connection between the tap and the countertops connected to it and/or the connection countertops connected to it are not between the tap and the countertops connected to it. The completely watertight, causing leakage. connection between the sink and the countertops must be watertight and smooth. If these are repairs that can be carried out without excessive costs and/or specialist knowledge, the tenant is responsible for them. Na7 The countertop made of woody material has A countertop made of chipboard or similar that has expanded deteriorated, due to the action of moisture, to such due to moisture action, limiting its use. an extent that the homogeneity of the material has been lost. Na8 The countertop is so outdated and worn that practically all drawers and doors no longer function or close. Na9 Insufficient space between the (built-in) hob and the From both a fire safety point of view and the safe use of obstacles directly above it. cooking facilities, sufficient space is necessary. Excluded are obstacles installed by the tenant above the cooking facility. In general, the Rent Commission assumes a serious deficiency if the free space between the top of the cooking facility and the underside of overhead obstacles (overhead cabinets, hot water appliances, etc.) is less than 60 cm. The above only applies if there is a cooking facility belonging to the living space or if the cooking facility is to be considered an immovable facility. Na10 The built-in appliances in the kitchen belonging to the This concerns built-in appliances belonging to the leased leased property are defective due to a cause not property that are an inseparable part of the kitchen (e.g. a attributable to the tenant. (built-in) dishwasher, oven, -hob, fridge/freezer or extractor) and is defective due to a cause not attributable to the tenant. If these are repairs that can be done without too much cost and/or specialist knowledge, the tenant is responsible for them. N. Sanitary installations b. bathroom area Nb1 The floor of bath room is not on a slope, causing Manifested mostly in the form of rising or leaking water to remain on the floor, resulting in moisture in an adjacent or lower room. leakage from this room to another adjacent or lower room. Nb2 The floor and/or wall of the bath room is not Leakage from the so-called wet room can manifest itself sufficiently watertight, causing leakage or moisture in an adjacent or lower room in the form of moisture penetration from this room to another room. penetration and mould spots. This adjacent space can be located either in one's own home or in an adjacent or upper home or space. Rent Commission Book of Defects 28 Supplementary list to Category C Nb3 Moisture and mould is almost constantly present on Unlike under Category B, point 3, this specifically ceiling and/or walls of the bathroom area, caused by concerns the bathroom area. In general, a serious condensation of water vapour due to insufficient defect is assumed by the Rent Commission if the ventilation possibilities or insufficient thermal moisture and/or mould is present over an area of 0.25 quality of the structural parts. m² or more. As for ventilation, the following applies: Bathroom or combined toilet/bathroom: minimum supply and return air 14 dm³/s or 14 litres per second. Return air directly to the outside (chapter 3 section 3.6.2 BB2012). Note: A combination of insufficient ventilation and insufficient thermal quality of the structure may be present. Nb4 The floor of the bath room is not on a slope so that, after using it, water remains over almost the entire floor. Nb5 The floor of the bathroom area is not on a slope so If the tenant has installed a supply and drainage system that water remains under the washing machine here at his own expense and installed a washing machine in installed in this area in its designated place. this room, the maintenance and risk remains with the tenant. N. Sanitary installations c. washbasins/fountains Nc1 Due to a technical defect or age, the washbasin, drain, If these are repairs that can be done without too much tap or fountain visibly leaks (leaks). cost and/or specialist knowledge, the tenant is responsible for them. Nc2 The washbasin hangs seriously loose from the wall due to This applies to both a sink and a fountain. a technical defect. Nc3 The seat or bathtub has such a rough surface or sharp The danger criterion means that a sanction is justified here. edges that it poses a risk of injury. Usually, if such a defect occurs, the bath is so old that replacement is necessary. N. Sanitary installations d. toilet Nd1 Severe leakage of the cistern due to defects for which the landlord is liable. Nd2 Loose toilet bowl or cracks in toilet bowl causing severe The detachment of the toilet bowl must be the result of a leakage and/or severe odour nuisance. defect for which the landlord is liable. Nd3 The cistern and/or inner mechanism of the toilet is If these are repairs that can be done without too much faulty. cost and/or specialist knowledge, the tenant is responsible for them. O. Glassware Including stained-glass windows O1The putty is missing such that the window is loose and rainwater can enter the living space and/or there is a danger of the window falling out. Rent Commission Book of Defects 29 Supplementary list to Category C O2Of the stained-glass windows, the glass is cracked or has fallen out due to broken joints, displaced lead strips or dried out putty allowing moisture to enter the living space. O3Leakage of insulation glass in an Leakage through the sealing profiles of the insulating glass accommodation area. should manifest itself in the form of condensation in the air cavity of the insulating glass, significantly impairing the view. P. Chimneys/ventilation ducts P1The exterior part of the ventilation and/or the This applies both to a ventilation or chimney duct of the chimney flue or the chimney head is cracked, living space itself and to a ventilation or chimney duct of resulting in the loss of the structural link and the residential building of which the living space is part and posing a danger of falling stones or other parts of on which it is the chimney and/or of rainwater entering the connected. In general, the Rent Commission assumes a living space. serious defect if moisture and mould occur within the living space with an area of 1 m² or more. P2Insufficient functioning of a ventilation duct or The cleaning (bird nests!) and sweeping of individual chimney flue belonging to the living space or a ventilation and chimney ducts is in principle at the common ventilation duct or chimney flue to tenant's expense and risk (Article 7:217 of the Civil which the living space is connected due to a Code). technical defect. Insofar as the installation(s) present within the living space Q. Technical installations have not been installed by the sitting tenant at his own a. heating installations (individual and collective expense. Where this is the case, the tenant also has the maintenance obligation with regard to the part of the installations and heat distribution systems) installation installed by him. Qa1 Due to an identifiable technical defect, central heating Here, it is meant that the installation ceases to function system (and/or the hot water section in the case of a at all due to a technical defect (excluding situations such combi boiler) does not function. For example, a defective as failure to refill or bleed one's own installation on time, pressure vessel, circulation pump. which is considered part of the tenant's maintenance obligation). Qa2 The taps, radiators and/or pipes show perceptible water leakage (leaks). Qa3 A radiator valve no longer functions so that a domestic A radiator valve/valve should be operable and should be room, bath room or a toilet room, insofar as these able to be turned fully open and fully closed. are fitted with radiators connected to the central heating system, can no longer be heated adequately. Qa4 The frequent occurrence of plant failures due to age and/or technical defects. Rent Commission Book of Defects 30 Supplementary list to Category C Insofar as the installation(s) present within the living space has not been installed by the incumbent tenant at his own expense. Q. Technical installations b. electrical installation Where this is the case, the tenant also has the maintenance obligation with regard to the part of the electrical installation installed by him. Qb1 A hazardous situation exists due to loose pipes and/or Insofar as the defects under Section 7:217 of the Civil Code insufficient shielding of wiring. (minor and daily maintenance) are not for the tenant's account. The dangerous situation should be evidenced by a report drawn up by an independent expert in the field, such as, for example, the energy company or a recognised installation company. Insofar as the installation(s) present within the living space have not been installed by the incumbent tenant at his own expense. Q. Technical installations c. gas installation Where this is the case, the tenant also has the maintenance obligation with regard to the part of the installation he has installed. Qc1 A distinct gas smell is noticeable in the living area, Not included here is the presence of a gas smell due to a caused by a defect in an indoor pipe or connection blown-out pilot light, for example. points. Qc2 The installation has such serious technical defects that a hazardous situation is present. Q. Technical installations d. hot/cold water plant Qd1 Insufficient hot water at a communal hot water A structure with a hot water supply has a hot water supply, whether or not in combination with another supply that does not adversely affect health and meets individual or communal hot water supply. the standards set out in NEN 1006 (chapter 6 section 6.3 art. 6.11 and 6.13 BB2012). In a collective distribution network, the hot water at the tapping point should have a temperature of at least 55 degrees Celsius. If this minimum temperature is not reached (at all times), then there is a supply with insufficient hot water. Rent Commission Book of Defects 31 Supplementary list to Category C Qd2 Insufficient hot water in individual hot water Chapter 6 section 6.3 art 6.11 and 6.13 BB2012 requires that a supply. building with a hot water supply has a hot water supply that does not adversely affect health and meets the standards set out in NEN 1006. For an individual central heating system with a hot water supply connected to it (so-called combi boiler), a higher standard is used than the standard set for a communal hot water supply (at least 55 degrees Celsius). With an individual system, the hot water at the tap should have a temperature of at least 60 degrees Celsius. The capacity of the hot water supply is decisive; it must be sufficient to supply water of at least 60 degrees Celsius. With an individual central heating/central heating system, the user can usually control the hot water temperature himself. If the capacity is sufficient, but the user has set the temperature controller lower so that the required capacity is not used, there is no defect. Qd3. The tap water of the indoor drinking water system in Unless lead pipes are visually visible, it is up to the applicant the living area has an average lead contamination of to prove that there is an excessive concentration of lead in more than 5 micrograms per litre at one tapping the drinking water. point. The concentration of lead in drinking water can be detected using the proportional measurement method. This method is described in the memo 'Advice on sampling strategy to detect lead pipes'19 and involves taking a fraction of the amount of water drunk over a week (5%), collected at the tap in question and analysed for lead. In anticipation of a practicable way to carry out this proportional method, a measurement by an accredited laboratory based on the RDT* or stagnation method* is also considered sufficient to plausibly demonstrate exceedance of the 5 micrograms per litre standard. Qd4. The cold water system in the complex and/or dwelling In this case, it concerns drinking water pipes that, for is arranged so that water example, are installed in the immediate vicinity of central in the pipes can reach a temperature of more than 25 heating pipes or run through rooms that are heated above degrees Celsius for a prolonged period of time due to 25 degrees Celsius for long periods of time. heating, causing an increased concentration of Incidentally, there is a risk of infection only if water legionella bacteria. vapour is inhaled, e.g. when showering. Q. Technical installations e. lift installations Qe1. Frequent occurrence of serious failures of the lift system due to age and/or technical defects 19 Available at https://www.rivm.nl/documenten/memo-advies-monsternamestrategie-opsporen-loden-leidingen. Rent Commission Book of Defects 32 Supplementary list to Category C Q. Technical installations f. mechanical ventilations Qf1. mechanical ventilation is not working properly. Mechanical ventilation does not work properly if the minimum ventilation capacity mentioned in section 3.29 of the Building Decree is not met. Toilet room: The ventilation capacity should be at least 7 dm3 /s. Bath space: The ventilation capacity should be at least 14 dm3 /s. Residence space Ventilation capacity should be a minimum of 0.7 dm3 /s per m2 floor area, with a minimum of 7 dm3 /s. Residence area Ventilation capacity should be a minimum of 0.9 dm3 /s per m2 floor area, with a minimum of 7 dm3 /s. Accommodation area or a domestic area, with a cooking cooker set-up area The ventilation capacity should be at least 21 dm3 /s. This includes both the stairs present within the living space R. Stairs and the interior staircase by which the dwelling entrance door can be reached (common stairways in multi-family houses). a. within Ra1 The stairs are unsafe because the handrail is missing, If the repairs can be carried out without too much cost loose and/or broken or the handrail supports are and/or specialist knowledge, the tenant is responsible for loose or partially missing. them. This also applies if the cause of the defect can be attributed to the lessee. Ra2 Of the stairs, five or more steps are severely worn on the In general, the Rent Commission assumes a serious defect if walking line. five or more of the steps on the walkway are worn out by 20 millimetres or more. Ra3 Of the stairs, one or more steps had the wel The "well" of a stair step is the part that protrudes in broken off. front of the riser, or the front of the step. Ra4 Due to wood rot, the load-bearing capacity of one or more steps has become insufficient resulting in a dangerous situation. Ra5 Of several steps of a stone staircase, the plate finish or Slab finishing refers to finishing the top of the stair step tiles or with, for example, natural stone slabs, concrete slabs, pieces of the plate finish or tiles have broken stair tread tiles, etc. off. Ra6 The stairs cause serious noise nuisance in the form of The issue is noise nuisance from stairs in the creaking when walked on, due to construction living space in question. defects, to such an extent that it is audible throughout almost the entire living area In multi-family houses, such a defect can also cause serious noise pollution in adjacent or lower living spaces. If the noise nuisance comes from an adjacent, upper or lower living space or other adjoining space, a defect or deficiency as referred to in Category C [7] may be present (inadequate sound insulation of house separating walls/ floors/ ceilings). Rent Commission Book of Defects 33 Supplementary list to Category C Ra7 An overall poor condition of the common stairwell. In general, habitability is considered to be seriously detrimental if there is an accumulation of defects or deficiencies such as: missing stair handrails, flaking white and paintwork, the (partial) absence of stucco/plaster on walls and ceilings, severely worn stair treads, missing or broken steps, moisture and mould growth, leakage from pipes or from rainwater, etc. Ra8 The house bell at the entrance to a closed stairwell is Chapter 6 section 6.11 of the 2012 Building Decree requires missing or not functioning. that from the (communal) entrance door, there must be a house bell that rings in individual dwellings can give a perceptible signal. The house bell also includes a house bell (fitted by the lessor) that is combined with an intercom, a video system and/or an automatic door opener. If these are repairs that can be carried out without too much cost and/or specialist knowledge, the tenant is responsible for them. R. Stairs Stairs subject to weathering, including garden stairs. b. outside Rb1 A handrail is missing from the external staircase that For example, an external staircase or ramp that allows has to bridge a height difference of more than 1.5 access to the bell floor. metres to reach the flat entrance door. When bridging a height difference of more than 1.5 metres, a handrail is mandatory (Chapter 2 section 2.3.2 art. 2.23 paragraphs 3 and 4 of the 2012 Building Decree). Rb2 The level of the garden belonging to the living space is Instead of a block step (for a height difference of more than more than 0.22 metres or more lower than the floor 0.22 metres), a ramp is also allowed provided it does not have of the space giving access to the garden and a block a slope greater than 1:10 (is 0.1 metres per metre) and is at step or garden staircase is missing. least 70 cm wide (Chapter 2 section 2.6.2 art. 2.48 BB2012). Rb3 The garden stairs span a level difference of more than When bridging a height difference of more than 1.5 metres, a 1.5 metres and a handrail is missing. handrail is mandatory (Chapter 2 section 2.3.2 art. 2.23 paragraphs 3 and 4 BB2012). Rb4. Of the garden stairs present, one or more steps have With stairs, safe walkability should be paramount. become unusable due to wood rot/corrosion and/or the handrail present is insufficiently stable resulting in a dangerous situation. Rb5 Of several steps of a stone staircase, the plate finish or Slab finishing refers to finishing the top of the stair step tiles or with, for example, natural stone slabs, concrete slabs, pieces of the plate finish or tiles have broken stair tread tiles, etc. off. S. Gardens/access paths S1DSoil subsidence causes holes to fall in the garden or outdoor area, especially along the façade, as the soil under the foundation beam sinks into the crawl space. S2During an extended period of time, puddle In general, the Rent Commission assumes a serious defect if formation persists in the garden belonging to prolonged pooling occurs over a quarter or more of the the living space due to subsidence of the soil area of the garden. and/or an insufficiently permeable subsoil (e.g. a loam layer). Rent Commission Book of Defects 34 Supplementary list to Category C S3The access path belonging to the living space is Uneven subsidence is considered a hazard situation. unevenly subsided. The landlord is solely responsible for the access path originally included in the lease. If a situation is installed by the tenant at his own expense that deviates from the original situation, this will be at the tenant's expense and risk. S4. The step from the access path to the living area or Instead of a block step, a ramp is also allowed provided it does shed or storage area is more than 0.22 metres and a not have a slope greater than 1:10 (is 0.1 metre per metre) block step is missing. and is at least 70 cm wide. (Chapter 2 section 2.6.2 art. 2.48 BB2012). T. Veranda/balcony/gallery T1.There are noticeable cracks in the floor of May also be a defect as referred to in B2/3 or C [9]. the veranda, balcony or gallery that allow moisture to enter the living space (leakage). T2.There are noticeable cracks in the floor of the veranda, balcony or gallery that seriously impede or limit usability because of leakage inside or outside the underlying living space during rain or water use during cleaning operations. T2a The wooden veranda/balcony/gallery floor or underlying wooden beams are so affected by wood rot that a hazard situation is present. T3Of a veranda/balcony/gallery/terrace belonging to the A sanction is considered justified if it threatens danger living area, (part of) the stone balustrade (parapet) is loose and in danger of falling out, creating a hazard situation. T4 Pieces of stone or other materials are in danger of falling from an upper balcony, creating a dangerous situation. T5 Bars are missing from the veranda, balcony or gallery In general, the Rent Commission assumes a serious defect if fencing or they can be removed by hand. the opening is 0.2 metres or more (danger of falling through). Said dimension applies pursuant to Chapter 2 section 2.3.2 art 2.25 BB2012 T6Because of wood rot or rusting of beams or uprights, the fence is insufficiently connected to the wall or floor. As a result, a dangerous situation is present. T7The floor of the veranda or balcony belonging to This is the situation where the veranda or balcony is unusable the living area is on counter space so that water for a long time (several hours) due to rainwater on it. remains on almost the entire floor after rainfall. T8Puddles remain on the gallery floor (common In general, the Rent Commission assumes a serious defect if entrance to the living area) after rain. the puddles are deeper than 10 mm over a large area and at a single point. Rent Commission Book of Defects 35 Supplementary list to Category C T9The height of railing or balustrade (parapet) of the For safety reasons, the BB2012 veranda, balcony or gallery (measured from the top 0.9 m as a minimum requirement (Chapter 2 section 2.3.2 of the floor to the top of the railing) is less than the art. 2.24 BB2012). minimum requirement of the 2012 Building Decree. So-called French balconies (a trellis for an inward opening door in the external façade) are exempted. T10 The finish of the gallery floor is so poor (holes, loose tiles, Slipperiness caused by ageing or application of unsuitable missing tiles or parts of the finish, slipperiness) materials. resulting in the possibility of slipping or falling when reaching or leaving the living space. This is a further subdivision of the last zero point of Category C "severe damp or mouldy patches due to rising or V. Dampness penetrating moisture." See also point 2 of Category B. V1Serious mould growth, moisture and/or soot An accommodation area means all enclosed spaces intended spots due to rising or leaking moisture in one or for the accommodation of people. more of the living areas belonging to the living space For example: living room, bedroom, kitchen, hobby room, (including the fixed cupboards belonging to those etc. (but not the bathroom, toilet room and other rooms, areas). e.g. utility room, storage room, attic, etc.) To limit the penetration of moisture from outside, the interior/exterior structural parts of a living space should be watertight. This applies not only to the roof and facades but also to the crawl space. Generally, the Rent Commission considers a serious defect if the mould, moisture and/or or soot spots have an area of 0.25 m² or more. Q2 Severe mould growth and/or damp patches due to These include indoor storerooms, basements, traffic areas, penetrating or rising damp in other rooms belonging to etc. the living area. In general, the Rent Commission assumes a serious defect if the mould and/or moisture spots have an area of 1 m² or more. V3Serious mould and/or moisture nuisance due to An accommodation area means all enclosed spaces intended condensation of water vapour on the for the accommodation of people. ceiling, walls and/or other parts of a living For example: living room, bedroom, kitchen, hobby room, area belonging to the living space etc. (but not the bathroom, toilet room and other rooms, e.g. utility room, storage room, attic, etc.) Moisture and mould must be the result of a technical defect in the construction or level of execution of the living space. For mould and moisture nuisance due to insufficient ventilation, see under [1] of Category C. In general, the Rent Commission assumes a serious defect if the mould and/or moisture spots have a surface area of 0.25 m² or more. Q4EA room belonging to the living space is no longer For example, a basement where there is frequent water on (fully) usable for its intended purpose due the floor. Destination does not mean the actual use by the to moisture problems. tenant but the destination agreed or intended between the parties at the start of the lease. Rent Commission Book of Defects 36 Chapter 6 - Temporary rent reduction If the Rent Commission establishes defects in the dwelling that seriously impair the residential enjoyment, the Rent Commission will rule whether the landlord may charge the rent in full (art. 16 Uhw). The legislator has thus given the Rent Commission the power to impose a temporary to pronounce rent reduction. If the Rent Commission finds a defect that seriously impairs residential enjoyment then this usually gives rise to a temporary rent reduction, unless there are circumstances that do not justify a temporary rent reduction. This involves a temporary reduction in rent until the defect is remedied.20 After the defects mentioned in the ruling have been remedied then the temporary rent reduction will no longer apply from the first day of the month following the month in which these defects were remedied. 6.1 Maximum temporary rent reduction The degree of rent reduction depends on the severity of the defects and to what extent the residential enjoyment has been harmed. Regarding the ruling of temporary rent reduction, section 6 Bhw has been declared applicable by the legislator. This provision describes what the maximum rent reduction is that the Rent Commission can apply to the determined/valid rent.21 Regarding the maximum temporary rent reduction that can be pronounced, Section 6 Bhw distinguishes between the different categories of defects: • In case of a Category A defect, the Rent Commission can temporarily reduce the rent to a maximum of 20% of the set/running rent. • For a Category B deficiency, the Rent Commission can temporarily reduce the rent to a maximum of 30% of the set/rated rent. • In case of a Category C defect, the Rent Commission can temporarily reduce the rent to a maximum of 40 per cent of the set/running rent. The Rent Commission has been granted the power to pronounce a less far-reaching temporary rent reduction than allowed under section 6 Bhw. The Rent Commission frequently uses this power. The basic principle here is that the degree of rent reduction will depend on the specific circumstances of the residential property. In recent years, the practical implementation of this power has led to implementation policies in this area. The basic principle is that in the event of an established defect, the Rent Commission will pronounce the maximum temporary rent reduction, unless circumstances arise that justify a less far-reaching rent reduction. 6.2 Situations where a less far-reaching rent reduction may be pronounced Below are the situations that may justify a lesser rent reduction under certain circumstances. A lesser rent reduction will not be given when the circumstances are at the landlord's risk. For example, if the supplier or contractor performs poorly or the landlord is dependent on the Vve. The percentages below are mentioned relate to defects in category C. In this C category, the Rent Commission can temporarily reduce the rent up to a maximum of 40 per cent of the set/running rent. 20 Section 6(2) Bhw. 21 Parliamentary Papers II, 2012/13, 33698, 3, pp. 13-14. Rent Commission Book of Defects 37 1. The serious defect has been partially remedied If the landlord has partially repaired the serious defect within six weeks, then there is still a serious defect, but the residential amenity may be less severely impaired. 2. Landlord has already taken measures If the landlord has not remedied the serious defect within six weeks, but has taken measures so that the severity of the defect is less damaging to residential enjoyment, then there may still be a serious defect, but the Rent Commission may see grounds in this for a less far-reaching temporary rent reduction. 3. Tenant does not cooperate sufficiently If the landlord has not been able to repair the serious defect within six weeks, because the tenant is not cooperating sufficiently in the repair then this may result in a less far-reaching temporary rent reduction or possibly no temporary rent reduction. 4. Doorbell If there is a serious defect due to the doorbell being missing or non-functioning, there are situations in which the residential amenity is less seriously impaired. In situations on the ground floor where the doorbell is missing or not functioning, no reduction can be pronounced. In all other situations from the first floor upwards, the Rent Commission may see cause for a reduction of up to 80% of the established/applicable rent. 5. Ventilation If there is a serious defect due to the lack of ventilation or because the way to ventilate does not work, such as the failure of a slide of a ventilation grille, there may be situations in which living enjoyment is less seriously impaired and the Rent Commission may consider this a circumstance for a less far-reaching temporary rent reduction. If the room can be indirectly ventilated, e.g. ventilated through another room, then a reduction of up to 60% of the set/applied rent can be pronounced. If the room can be ventilated by other means such as through a ventilation grate, then a reduction of up to 80% of the prevailing rent can be pronounced. 6. Outside the house and other spaces If the serious defect occurs outside the living space (e.g. the garden or the shed) or in another space that is not a living space, (e.g. the cellar or the storeroom then the living enjoyment may be less seriously impaired. This may be a reason for the Rent Commission to pronounce a reduction of up to 60% of the established/valid rent. In the case of a common remaining space, such as the hallway and a stairwell, for example, then living enjoyment may be less severely impaired. In such cases, this can lead to a reduction of 80% of the set/running rent. There is an exception to this, namely when there is a serious defect in the entrance door to the living space. In such a situation, the maximum reduction applies, namely up to 40 per cent of the set/rent. 7. Consequential damage If the consequential damage occurs in another room that is not an area of residence (for example, the cellar or storage room), then the living enjoyment may be less severely impaired. In this circumstance, the Rent Commission may see cause for a reduction of up to 60% of the established/rental price if the serious defect occurs in rooms. And up to 80% of the determined/applied rent if the serious defect occurs in other rooms. Rent Commission Book of Defects 38