Key Benefits:
Law of 21 November 2002, integrating the Huurprize Act accomodation and the Rent Commissioning Law into an Execution Act rental prices residential space under simultaneous transfer of part of the text of the Huurprize Act residence space to the new title 7.4 of Book 7 of the Civil Code (Implementing Law Rent Prices Housing)
We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.
All of them, who will see or hear these, saluut! do know:
In this regard, we considered that it would be desirable, at the same time as the proposal of the Law for the revision of Book 7A of the Civil Code , where a number of provisions of the Merceny Law Accomodation to the new Title 7.4 of Book 7 of that Code is transferred, the remaining provisions of the Merceny Law Accomodation and the one of the Law on the rent commissions to be integrated into a new legislative proposal and to simplify those provisions wherever possible, as well as to make substantive changes in a number of places;
In this way, we, the Council of State, and with the mean consultations of the States-General, have been well-regarded and understood to be right and to be understood by the following:
1 The following shall be understood in this Act and the provisions which are based thereon:
a. base rent increase rate: the maximum rental rate of rent of households that are lower than or equal to € 34 678 over the year of each year;
b. Deficiency: lack as referred to in Article 7:241 of the Civil Code ;
c. Rental Commission: Rental Commission as referred to in Article 3a;
ed. Inflation rate: immediately prior to the 1 July date, every year in January, published by the Central Statistics Office, with which consumer prices (all households) in relation to the prior publication year increased;
e. Our Minister: Our Minister for Wons and Driving Service;
f. Meeting Committee: Meeting Committee as referred to in Article 21, first paragraph .
2 This law and the provisions based thereon shall mean housing, self-employment, residence, place of employment, price, rental price, household income, tenancy and charges for utilities with an individual meter and service charges. 'below' means: Section 5 of Title 7.4 of Book 7 of the Civil Code .
This Act shall not apply to contracts of hire and hire of dwelling place which concern a use which, by its nature, is only short-lived.
1 In respect of tenancy agreements Article 7:247 of the Civil Code Subsection 2 of Section 5 of Title 7.4 of Book 7 of the Civil Code in part applies, this law shall apply only to the extent that it results from that subsection.
2 In the case of a general measure of management, it shall be Article 7:247 of the Civil Code the amount of the rent determined at the start of the habitation, above which part of the sub-section is to be applied under that Article.
1 There is a rent committee.
2 The rent committee shall consist of a board and a minimum of four and a maximum of 10 chairpersons. In addition, the mercenary commission from the members of the seat of the tenants has been the subject of lessors. For the treatment of disputes referred to in Article 4a In addition, persons from outside the group of tenants may also be the circle of lessor's seat. The Steering Board shall consist of a Chairperson and a Deputy Chairman.
3 The Governing Council and the Presidents have the task of promoting the unity and quality of the pronouns, opinions and declarations within the rental committee. They may lay down rules for this purpose. In carrying out this task, they shall not take part in the process of processing, appraisal of the substance of the matter and the decision in a specific case.
4 If, on the other hand, the rules referred to in paragraph 3, on the one hand, and the Presidents of the Council, on the other hand, make a difference of opinion on the other, the Board shall decide. If there is a difference of opinion within the Board, the Chairman shall decide. Where a difference of opinion exists within the circle of Presidents of the Council, a majority shall be decided upon by a majority of the Board of the Committee of the European Parliament and of the Council of the European Parliament and of the Council of the European Parliament and of the Council
5 By way of derogation from Article 20 of the Framework Law on independent administrative bodies , the board, instead of the autonomous governing body, has the powers and tasks that are referred to in that article.
1 The President, the Deputy Chairman and the Presidents of the Council shall be appointed, suspended and dismissed by Our Minister. The President and the Deputy Chairman shall be appointed for a term of six years and may be re-appointed as Deputy Chairman of the Deputy Chair for a maximum period of six years for a maximum period of up to a maximum period of six years. The seats of the President shall be heard on the appointment and reappointment of the President and the Deputy Chairman. The Presidents of the Council shall be appointed for a term of four years and may be re-appointed for a maximum period of two consecutive four-year periods as the Chair. The Steering Board shall be consulted on the appointment and reappointment of the Presidents of the Council.
2 On the basis of an examination of an examination of training in scientific education by a university or the Open University, the President and the Presidents of the Council shall be responsible for the examination of the Law on higher education and scientific research The degree Bachelor in the field of law and also the degree Master in the field of entitlement have been granted, or that Chair and those Presidents have to take on the basis of an examination of an education. a university or the Open University to which the Law applies to higher education and scientific research, obtained the right to have the title master, or have shown otherwise the for the function of the university. President-in-Office of the Council.
3 Without prejudice Article 13 (1) of the Framework Law on independent administrative bodies The President, the Deputy Chairperson and the Presidents may not be involved in the exercise of an undertaking operating or working in the field of housing, nor shall it be permitted to pursue a business with a view to exercising his or her own right of appeal. to be involved in the management of and disposition of housing or to be part of the board of an association, company or foundation involved, or to be affiliated to a residents ' commission, as referred to in Article 4 (2) of the EC Treaty. Article 1, first paragraph, section g, of the Law on Consulting Tenants .
4 The President, the Deputy Chairman and the Presidents of the Council shall enjoy remuneration, travel and subsistence expenses and further allowances in accordance with rules to be laid down by ministerial rules. Their legal position shall be settled by a general measure of management.
The Board shall direct the work of the Rent Committee and the administrative support.
1 The seat members are appointed by Our Minister, suspended and dismissed. They shall be appointed for a period of four years and may be reappointed for up to two consecutive periods of four years as a sitting. The board shall be heard on the appointment and the reappointment.
2 Until seat-member, only persons having sufficient expertise to contribute to the proper exercise of the tasks conferred upon the rental commission pursuant to the Law shall be appointed.
3 The appointment of the members shall be appointed in such a way that the interests of the tenants, or the interests of the lessors, are equally represented in the rental committee.
4 The Minister shall, in accordance with the third paragraph of each appointment, appoint the organizations designated by him to do so, which may be regarded as representing the interests of the tenants, or the interests of the lessors, during the period of time of the appointment of the Secretary of State. Nine weeks on the occasion of a recommendation. If more than one organization has been appointed to make a recommendation, our Minister shall only give the organisations concerned the opportunity to make a joint recommendation. When making a recommendation, account shall be taken of the second paragraph.
5 Our Minister shall, within six weeks of the expiry of the period referred to in the fourth paragraph, make a decision on the appointment.
6 The members enjoy reimbursement of travel and subsistence expenses and further allowances according to rules to be laid down by ministerial rules.
Without prejudice Article 12 (2) of the Framework Law on independent administrative bodies The President, the Deputy Chairman and the Presidents shall also be dismissed if they have reached the age of 70 years.
1 The Steering Board shall adopt rules of management, shall be heard by the Presidents of the Council. The Rules of Procedure require the approval of our Minister. Article 11, second paragraph, of the Framework Law on independent administrative bodies shall apply mutatis mutandis.
2 The rules governing the establishment and operation of the organisation of the rental committee and the seating arrangements shall be laid down in the rules of management.
1 There is a Council of Opinion. The Council consists of nine members, who come from organizations of tenants and lessors designated by Our Minister and independent organisations or persons, where those organizations of tenants and lessors in the Council are equal. represented. Members shall have expertise relevant in the settlement of rent dispute resolution and settlement of disputes, referred to in paragraph 2. Article 4a , and may not be at the same time part of the rent committee or of a courtside committee.
2 Members shall be appointed by Our Minister, suspended and dismissed. They shall be appointed for a period of four years and may be reappointed as a member of the Council for a subsequent four-year period.
3 The Secretary of State shall, subject to the first paragraph of each appointment, establish the organizations designated by him to do so, which may be deemed to represent the interests of the tenants or the interests of the lessors, or be independent, have the opportunity to make a recommendation for nine weeks. If within a category of organizations, which can be deemed to represent the interests of the tenants, or the interests of the lessors, more than one organization is appointed to make a recommendation, Our Minister shall inform the Commission of the on the occasion of a recommendation to be made jointly only by the organisations concerned.
4 Our Minister shall, within six weeks of the expiry of the period referred to in the third paragraph, make a decision on the appointment.
5 The Board advises the Board on general aspects of the hiring dispute resolution and settlement of disputes, Article 4a , and may, on request or on its own initiative, inform the views of the Council of Ministers. The Council shall also be appointed by the President and the Deputy Chairman, in addition to the termination of the person's retirement age, the appointment, reappointment and dismissal of the person concerned. In the Rules of Procedure, referred to in Article 3f It shall lay down detailed rules on the exercise of the tasks and powers of the Council and on the manner in which the Board of Governors shall consult with the Council.
6 Article 3d, 6th paragraph , shall apply mutatis mutandis.
Our Minister provides for the administrative support of the rental commission.
1 The board shall hold a public register stating, with omission of the names of the tenants concerned, lessors, residents ' commissions as intended. Article 1, first paragraph, section g, of the Law on Consulting Tenants and tenant organisations referred to in Article 1, first paragraph, part f, of that law, shall contain the final words of the decisions of the rent committee and of the presidencations.
2 Rules governing the establishment of the register may be laid down in the case of ministerial arrangements.
1 By way of derogation from Article 22 (1) of the Framework Law on independent administrative bodies The power of our Minister to destroy decisions does not extend to the pronouns, opinions and statements of the merceny committee, as the chairman.
2 Our Minister, when carrying out the powers conferred by or under the law and the law referred to in paragraph 1, are not in the procedural treatment of, the substantive assessment of, and the decision in a specific case, or in categories of cases.
1 The rent committee shall have the same in the second to fourth members and in the Articles 4a and 5 specified tasks.
2 The rent committee adjudicates:
a. Following Article 7:249 of the Civil Code on the reasonableness of the agreed rate of call price;
b. due to Article 7:253 of the Civil Code on the reasonableness of the proposal for an increase in the rent price;
c. Following Article 7:254 of the Civil Code on the reasonableness of the proposal for a reduction in the rent;
d. Following Article 7:255 of the Civil Code on the amount of the rent increase after the establishment of provisions, changes or additions;
e. following Article 7:257 of the Civil Code on the rental price to be charged in the event of a reduction in the enjoyment of the dwelling as a result of a defect;
f. due to Article 7:258 of the Civil Code on the rental price and the amount of advance payment of utility charges with an individual meter and service charges if between the parties only a price and not a rental price has been agreed;
g. due to Article 7:260 of the Civil Code on the payment obligation with regard to utility costs of an individual meter and service charges;
h. due to Article 7:261 of the Civil Code the advance payment amount of utility charges with an individual meter.
3 The rental commission shall rule in cases where, as a result of a judgment as intended in the Articles 7:249 and 7:257 of the Civil Code The rental price to be charged in relation to defects has been reduced as to the correction of those defects.
4 The rent committee adjudicates if, following: Article 20 (6) , resistance has been made against a statement from the President.
The rental commission shall decide in disputes concerning:
a. the conduct of consultations and the provision of information as intended in the Law on the consultation tenants landlord ;
b. to promote the work of a residents ' commission as intended in That Act ;
c. reimbursable expenses of a tenant organisation as intended in That Act ;
d. other obligations arising from That Act ;
e. the conduct of consultations within the meaning of the Articles 43, second paragraph , 53, second paragraph, second sentence and 55b, second member, of the Housing Act .
1 The rent committee shall provide the judge with further information on a judgment it has made and, if it has not delivered a judgment, if the court is to be deemed to have taken an interest in the matter, on the matter to know quality and a rental price to be reasonable for that accomodation.
2 The rental commission shall supply, on request, statements to our Minister and to public sector entities which may be deemed to be in such a position as to the quality to be provided to a place of residence, the defects in respect of that place of residence and a rental price reasonably to be considered for that accomodation. The statement referred to below shall not be given if the importance of the statement is in the assessment by the applicant of a lease as referred to in Article 3 . In the case of ministerial arrangements, detailed rules may be laid down for the performance of the task referred to in the first sentence of this Article.
3 The rental commission shall issue a rental agreement as referred to in the Article 3 advice on matters in which the rental commission has jurisdiction to give its opinion if Article 3 would not stand in the way of that. The rental commission shall issue such advice only in so far as it has been agreed in the lease agreement or otherwise between the parties that the matter in question shall be referred to the rental commission in dispute.
The task of the President shall be to:
a. by way of derogation from Article 4, first paragraph , in the cases specified in the second and third paragraphs of that Article and on disputes referred to in Article 3 (2), Article 4a rule if, in respect of a request made to the rental committee, one of the Article 20, first paragraph , the cases referred to;
b. in the cases of a request from the Tax Service/Toeslagen as intended in Article 5, second paragraph, of the Rent Surcharge Act to make a statement within six weeks concerning the reasonableness of the rental price and the accuracy of any other information concerning the living quarters for which an application for a rent supplement has been lodged, to the extent relevant to the application of the said Act.
2 The chairman may, in the performance of the duties referred to in paragraph 1, be replaced by a sitting chair.
1 For the award of a judgment by the merceny as intended Article 4, second or third paragraph The applicant shall be entitled, by way of an advance payment to the State in force, to the State referred to in the second paragraph or by the party which is not the applicant, the allowance in force for him, as provided for in that paragraph. The amount of that advance and that compensation shall be determined by a general measure of management, also on the basis of the information given or the applicant or party who is not the plaintiff or a lessor. The amount of that advance and that fee to be determined for the lessee also applies to the lessor who demonstrates that he is a natural person through the provision of information to be determined by ministerial arrangement.
2 When making a ruling, the rental commission shall state the reasons for which party and to what amount a fee is due to the State. If the rental committee considers that the lessee is not Article 7:253, 2nd paragraph, second sentence, of the Civil Code data relating to household income has been provided, it may state reasons that the lessor is not liable for this fee. In cases other than those referred to in the second sentence, the allowance shall be payable by the party which, in the opinion of the rental committee, is wholly or for the most part, having regard to the scope of the application, the unsuccessful Party is. If, in cases other than those referred to in the second sentence, the rental commission considers that both parties are unsuccessful in an equal measure, it may state that each of the parties is equal to half of the amount applicable to it. Payment to the State is payable. In cases where the President has jurisdiction to give a ruling, the powers referred to in the first to fourth sentences shall be conferred on the President.
3 Where, in the opinion of the rental committee, having regard to the scope of the application, and in cases other than those referred to in the second sentence of paragraph 2,
(a) the applicant is the whole or for the most part of the same party, and is:
1 °, refunded the advance payment of the amount of the advance payment, and
2 °. In the case of the party which is not the applicant, the compensation applicable to him has been applied, or
(b) the unequal treatment of the two parties is equal to the same:
1 °. half of the amount of the advance paid by the applicant shall be reimbursed for his payment; and
2. in the case of the party which is not the applicant, half of the fee applicable to the applicant has been recovered.
4 The Board of Management shall inform the applicant, by written notice, of receipt of the request, payment of the advance payment referred to in paragraph 1 to the extent that it has not yet been fulfilled at that time, within four weeks after the date of dispatch of that message.
5 Where the applicant has not satisfied the advance payment of the allowance within the period specified in the fourth paragraph, the application shall be declared inadmissible, unless it can reasonably be held that the applicant has been in default.
6 If the application for the Award is withdrawn, the applicant shall not return the advance payment on the fee.
7 The Board of Management shall inform the party which is not the applicant by written notice of payment of the fee referred to in paragraph 3 (a) (2) or (b), at 2 °, within four weeks of the date of dispatch of that notice. Our Secretary of State will be able to recover that compensation from a court order.
8 The President shall be entitled, at the request of the applicant or party who is not the applicant, if that person is a natural person, to grant an exemption from the compensation payable to the State, referred to in paragraph 1 and second paragraph. As long as it is not decided on an application for exemption, the time limit set out in paragraphs 4 and 7 shall be suspended. A ministerial arrangement shall specify the cases in which the chairman of the power, as referred to in the first sentence, may make use. Article 6, second paragraph , shall apply mutatis mutandis.
9 The rent committee may apply to the party which is not the applicant and a legal person to similar or substantially identical applications, if, in the opinion of the rental committee, the latter, having regard to the scope of the application, is the either wholly or for the most part in the unsuccessful party, or in a similar manner to the party which is unsuccessful, from the first sentence of the first paragraph, to the extent to which application has been given to the importance of the interest the aim of that sentence is to protect, in its judgment, an imequity of Type.
10 If the party which, having regard to the scope of the application, is unsuccessful, is placed exclusively in the wrong on the basis of an own judgment of the merceny in respect of the valuation of the energy performance of the application The housing area, which deviates from a dwelling for that place, in accordance with the provisions of the Article 120 of the Housing Act any rules on the energy performance of buildings, issued with the energy performance certificate, shall not be payable by that party, by way of derogation from the first paragraph, first sentence, as referred to in that paragraph.
1 For the award of a judgment by the merceny as intended Article 4a , a fee is payable by the applicant to the State.
2 The amount of the allowance referred to in the first paragraph shall be determined by general management measure.
3 At the request of an applicant who is a natural person, the President shall be entitled to grant exemption from the compensation payable to the State, referred to in the first paragraph. A ministerial arrangement shall specify the cases in which the chairman of the power, as referred to in the first sentence, may make use. Article 6, second paragraph , shall apply mutatis mutandis.
4 Fourth, fifth and sixth paragraph of Article 7 shall be applicable mutatis mutandis.
For the submission of an opinion by the rental commission as referred to in Article 5 (4) , the applicant owes a fee to the State, the amount of which is determined by general measure of management, partly on the basis of whether the applicant is a tenant or a landlord. The amount of that allowance to be determined for the tenant also applies to the lessor who demonstrates that he is a natural person by providing information to be determined by ministerial arrangement.
1 A request to the rental commission shall be made in writing.
2 The rental commission shall review the requests made in respect of those requests or be satisfied with the requests made in the case of or in respect of those requests. Title 4 of Book 7 of the Civil Code , at the Law on the consultation tenants landlord and rules laid down in or pursuant to this Law.
3 In the case of a request as referred to in Article 7:260, 1st paragraph, of the Civil Code the application shall be inadmissible if the subject of dispute is less than € 36.
4 In the case of a request as referred to in Article 7:261, third paragraph, of the Civil Code the application shall be inadmissible if the subject of dispute amounts to less than € 3 per month.
5 The amounts, mentioned in paragraphs 3 and 4, may be raised either higher or lower by means of a ministerial arrangement.
1 If within a residential complex as intended in Article 1 of the Law on Consulting Tenants if requests are similar or almost identical, they may be submitted by at least half of the parties who rent a housing estate within that housing complex or part of that housing complex. Those parties shall each be the advance payment of the fee to the State, as referred to in Article 7, second paragraph That's due.
2 If, in the opinion of the President, the request does not comply with the requirements set out in paragraph 1, the application shall be construed as separate housing or group of living spaces. Article 6, second paragraph , shall apply mutatis mutandis.
3 The rent committee may, in respect of the parties referred to in paragraph 1, if, in the opinion of the rental committee, be, having regard to the scope of the application, whole or most of the unsuccessful parties, or, to the extent equal to that of the party which is not the applicant in the wrong position, Article 7, first paragraph, first sentence In so far as it is applicable in view of the importance which that sentence seeks to protect in its judgment, it will lead to an imfairness of the nature of the matter.
1 In the case of or under general management measure, rules are given for the valuation of the quality of a dwelling place, of the reasonableness of the rental price and of its change, distinguishing between living quarters for which the owner is a resident for that accomodation in accordance with the Article 120 of the Housing Act has issued any rules concerning the energy performance of buildings, issued an energy performance certificate to the tenant, or if that was not the case under those rules, and other living quarters.
2 Under ministerial arrangement, the maximum rate of increase is fixed, partly on the basis of the given or household income on the peillyear of the date on the date of the proposed increase in the rental price. effective date of residence in the dwelling place and other residents,
a. higher than € 34 678 but less than or equal to € 44 360, or
b. higher than € 44 360,
and whether that accomodation is a self-contained dwelling.
The rate of rent of the rental, referred to in the first sentence of the sentence, shall not exceed the basic rent increase in respect of parts a and b plus half a percentage point as the base rent increase plus 2.5 percentage points. In the case of ministerial arrangements, the amounts referred to in Article 1, first paragraph, part a , and the first sentence, with effect from 1 January of each year, for the first time on 1 January 2014, as amended by the percentage by which the amount, mentioned in the case of the year of the year of the year of the year, is the amount Article 18, first paragraph, part d, of the Rent Surcharge Act has changed.
1 In the case of a request as referred to in Article 7:249 of the Civil Code the rental commission shall decide on the reasonableness of the agreed rental price. If such a request is included, a request pursuant to Article 6, first paragraph, introductory wording and part b , if an application for a rent surcharge for the relevant accomodation is submitted within the Article 7: 249 of the Civil Code period and if and once the chairman has issued a statement on that request indicating that the agreed rental price is higher than the maximum rental price limit associated with the living quarters concerned.
2 The rent committee shall review in that case the reasonableness of the agreed rental price to the Article 10, first paragraph , given rules.
3 If the rental commission does not consider the agreed rental price to be reasonable, it shall state in its ruling the rental price it deems reasonable.
4 In the case of a tenancy agreement as referred to in Article 3 speaks to the rental commission, if the assessment, referred to in the second member, would lead to a rental price above the in Article 7:247 of the Civil Code the said limit, that the rental price agreed by the parties is reasonable. If the rental price has been irrevocably fixed after the decision of the rental commission and, where appropriate, after its adoption by the court, and not exceed that limit, Article 7:247 shall no longer apply to that lease.
5 The rental commission assesses the quality of the living space and the reasonableness of the rental price to the state on the date of entrance to the lease.
1 In the case of a request as referred to in Article 7:249 of the Civil Code the rental commission shall also decide whether it considers that the agreed rental price or the agreed on Article 11, third paragraph , reasonably considered rental price, having regard to the defects in living quarters, should be taken into account. If the rental commission considers that the rent is not to be charged in the light of the defects, it shall indicate them in the judgment and shall indicate a lower rent as the price to which they are charged, in relation to those defects. Rent price.
2 In the case of or under general management measure, rules shall be given by the rental commission when assessing the reasonableness of the rental price to be charged.
3 The rental commission states in the ruling the date from the lower rental price to be charged, which is the effective date of the rental agreement.
4 The rental commission states in the ruling that, after the defects mentioned in that ruling have been remedied, the lower rental price to be charged will no longer apply from the first day of the month, following those in which the The removal of these defects has taken place.
5 If there is no agreement between the tenant and the landlord on whether or not the defects have been remedied, the rental commission shall decide on the matter at the request of the lessor. Where appropriate, it shall indicate the month in which the removal took place.
1 In the case of a request as referred to in Article 7:253 of the Civil Code the rental commission shall decide on the reasonableness of the rental price increase that is stated in the proposal on which it is based. The rental commission shall state which rent increase it considers to be reasonable, in which case it shall also indicate the rental price that leads to the rental price increase or whether it is not reasonable for a rental price increase.
2 The rental commission shall specify in the judgment the date of entrance to the rental price increase, being the date of entrance mentioned in the proposal referred to in paragraph 1, or a later date if required by the law.
3 The rental commission assesses the proposal for rental price increase to the under Article 10, second paragraph , current maximum rent increase rate.
4 In the assessment of the quality of the living quarters, facilities which the tenant has not made compulsory for their own account and which may be considered to have increased the rate of residence shall be disregarded.
5 The rental commission reviews the proposal for rental price increase, if the tenant has objected to the housing valuation in the proposal, or if the rental price, plus the proposed rental price increase, has the maximum rental price limit. could exceed, at the same time, the Article 10, first paragraph , given rules relating to the valuation of the quality of a living space. In so doing, the rental commission shall only make its own judgment on the quality of the housing, provided that such quality is the subject of dispute between the parties or not. In doing so, the rental commission does not constitute an opinion on the energy performance of the living quarters, if the owner is one for that living area, according to the Article 120 of the Housing Act provided the energy performance rules of buildings, issued energy performance certificate to the tenant. If there is a proposal for an increase in the rent as referred to in the Article 7:252a, first paragraph, introductory sentence and part a or b, of the Civil Code , the rental commission, in so far as the household income is the subject of dispute between the parties, also assesses whether the household income is less than or equal to the Article 10, second paragraph, first sentence, part a , the amount referred to above, or higher than the said amount, is less than or equal to the amount in that part, or higher than the amount set out in subparagraph (b) of that sentence.
6 The rental commission assesses the quality of the living space and the reasonableness of changing the rent price to the state, excluding the determination of the height of household income, at the time of the proposed change. an increase in the rental price referred to.
1 In the case of a request as referred to in Article 7:254 of the Civil Code the rent committee shall rule on the reasonableness of the rental price reduction stated in the proposal on which it is based. The rental commission shall decide which rent reduction it considers to be reasonable, in which case it shall also indicate the rental price that leads to the reduction of the rental price, or whether it considers that a rent reduction is not reasonable.
2 Where there is a proposal for a reduction in the rental price as referred to in Article 7:252b, 1st member, of the Civil Code :
a. To the extent that the household income is the subject of dispute between the parties, or that household income, the merceny shall be tested.
1 °. is equal to or less than the Article 14, 1st paragraph, of the Rent Surcharge Act the amount involved,
2 °. is equal to or less than the Article 10, second paragraph, first sentence, part a , the former amount, or
3 °. is higher than the amount referred to in 2 °, but is equal to or less than the amount in Article 10, second paragraph, first sentence, part b , amount mentioned,
b. is the rental price after a decrease in household income as intended in Article 7:252b, 1st member, of the Civil Code not exceeding the rental price which would have applied, if it was also based on the period running from the date of application of the proposal, referred to in the introductory sentence of that article, until the date of two years preceding that date. has been at the lower household income and the corresponding lower maximum rent increase rate, and
c. is the rental price after a decrease in household income as intended in Article 7:252b, first paragraph, introductory sentence and part a, of the Civil Code not higher than the one Article 3, second paragraph , amount fixed.
3 Article 13, second, fourth, fifth, first and second sentences, and sixth member , shall apply mutatis mutandis.
1 In the case of a request as referred to in Article 7:255 of the Civil Code the rental commission shall decide on the rental price change which it considers reasonable. The rental commission states in the ruling that the agreed rental price is reasonable or the rental price it deems reasonable, as well as the date of entrance to the rental price change, being the first day of the month, following that in which the rental price change is due. provisions, changes or improvements have been completed.
2 The rental commission shall assess whether the amount of the increase in the rental price is reasonably proportionate to the costs incurred by the lessor in respect of the provisions, changes or additions. The Articles 10, 1st paragraph , and 13, fourth member , shall apply mutatis mutandis.
1 In the case of a request as referred to in Article 7:257, 2nd paragraph, of the Civil Code the rental commission shall decide whether it considers that the agreed rental price should be taken into account in relation to the defects in the housing area. If the committee considers that the rent is not to be charged in relation to the defects, it shall issue these defects in the judgment and shall indicate a lower rent as the price of the rent in relation to those defects. Rent price.
2 The rent committee shall, in its opinion, take the Article 12, second paragraph The rental commission is only a decision of its own opinion on the defects, insofar as it is to the lessor through the rules of the Article 7:207 of the Civil Code have been notified by the lessee and the deficiencies of such a nature or consistency that they must be known to the landlord without notice, as to the situation at the time of the notification. The tenant has been sent.
3 The rental commission shall state in the ruling the date from the lower rental price to be charged, which is the first day of the month, following that in which the notice referred to in the second paragraph is given to the lessor by the lessee sent.
4 Article 12, fourth and fifth paragraphs , shall apply mutatis mutandis.
1 In the case of a request as referred to in Article 7:258 of the Civil Code The rental commission considers that the proposed rental price is reasonable if it does not lower than 55% of the agreed price and the proposed advance payment amount for utility and service costs is not lower than 25% of the agreed price. If the rental commission considers that the proposed rental price is not reasonable, it shall fix it at 55% of the agreed price and, if necessary, the proposed advance amount at 25% of the agreed price.
2 If the rental commission considers that not a rental price has been agreed, it shall state in its statement that the price of the rental and the amount of payment for service costs shall replace the agreed price with the agreed price. input from the first day of the month following that in which the request was received.
In cases where a request is made to Article 7:249 , 7:253 , 7:254 , 7:255 , 7:257, second member , 7:260 or 7:261, third member, of the Civil Code , it appears that the tenancy agreement includes more than the single use of the living space and that contract only establishes the price and not that of the rental price, the rental commission can, before a judgment is given, be of its own motion. establish the rental price at 55% of the agreed price and, where necessary, the advance payment amount for the utility charges with an individual meter and service costs at 25% of the agreed price.
2 Article 17, second paragraph , shall apply mutatis mutandis.
1 In the case of a request as referred to in Article 7:260 of the Civil Code the rental commission shall decide on the payment obligation of the tenant with regard to the service costs.
2 The rental commission shall review the utility costs of an individual meter to the legal requirements for their calculation and to the reasonableness.
3 If the lessor has made use of the form, mentioned in Article 7:260, third paragraph, of the Civil Code , the rental commission shall review the service costs of the statutory requirements for their calculation and for reason of reason.
4 If the landlord has not made use of the form, intended to Article 7:260, third paragraph, of the Civil Code , or if that form is incomplete, the rental commission shall fix the service charges on a sum fixed by ministerial arrangement or if the case or service is not delivered by the landlord at € 0.
1 In the case of a request as referred to in Article 7:261 of the Civil Code The rental commission shall decide on the reasonableness of the advance payment amount for utility charges with an individual meter.
2 The rental commission assesses whether the advance payment amount for utility charges with an individual meter, restated as necessary to an amount per year, deviates significantly from what is reasonable relation to the amount in the Expected year to be cost for utilities with an individual meter. If the rental commission considers it to be, it states which advance payment of utility charges with an individual meter is reasonable in proportion to the expected cost of utilities with a reasonable price. Individual meter.
3 The expected cost of utility costs as referred to in paragraph 2 by an individual meter shall be set at the amount of the utility costs of an individual meter, as last recorded in the three preceding calendar years provided by the lessor for the calculation of the relevant or similar service posts, plus the percentage by which the consumer price index for employees ' families has increased. Where no statement of accounts is provided in the period referred to in the first sentence of the first sentence, the costs shall be referred to the costs to be marked as usual.
4 The rental commission shall state in its statement that the amount of the advance it has pronounced shall replace the agreed advance payment as from the first day of the month following that in which the request was received.
1 If the rental commission finds that there is a breach by the landlord of an obligation arising from the Law on the consultation tenants landlord to which the applicant has been disadvantaged, it may provide that, to the extent that the dispute relates to proposed policies of a lessor as intended to Article 1, first paragraph, part d, of the Law on Consulting Tenants , the implementation of that policy is suspended until the failure has been remedied.
2 If the rental commission is requested to determine that a taken decision of a landlord referred to in Article 1, first paragraph, part d, of the Law on Consulting Tenants , until its policy is amended, the rental commission may provide that such a decision may not be carried out if:
a. that decision deviates from an opinion as referred to in Article 5, first paragraph, of that Act , and
(b) the lessor did not substantiate the decision by way of derogation from that opinion or, in the judgment of the hiring committee, could not reasonably have come to the discretion of that opinion, considering the interests concerned.
3 The rental commission shall do in the event of a dispute about the amount of the fee, referred to in Article 7, 1st paragraph, of the Law on Consulting Tenants , ruling on the reasonableness of that fee. The rental commission shall decide which fee it considers to be reasonable.
1 The landlord asks and uses the data, which is according to Article 7:252a, 4th paragraph, of the Civil Code shall be provided, solely for the purpose of proposing an increase in the rental price referred to in the first paragraph of that Article.
2 The information concerned, referred to in paragraph 1, shall be kept until the proposal in question, referred to in the Article 7:252a, 1st member, of the Civil Code , irrevocably, it is decided whether the proposed increase in the rental price is deemed to have been agreed.
3 The landlord shall conduct a fair presentation of the execution and an effective execution process in such a way that the correct, complete and timely commitment is guaranteed of the data relating to the household income related to the application of Article 7:252a, 4th paragraph, of the Civil Code .
4 Any person who takes note of the information, which shall, in accordance with Article 7:252a, 4th paragraph, of the Civil Code shall be subject to the confidentiality of such information, except in so far as any provision of law requires him or his task to communicate the need for communication.
5 If the lessor is acting in violation of the first, second, third or fourth member, the inspector may, as referred to in Article 7:252a, second paragraph, part c, of the Civil Code , to refuse to issue the declaration referred to in the third paragraph of that Article.
1 The President shall without delay, in any event within four weeks of the expiry of the Article 7 (4) The period referred to above or, where the appeal referred to in that Article is not required, after receipt of the applicant's allowance, or within four weeks of the preparatory examination, is to be carried out in accordance with the procedure laid down in Article 4 (2) of the Article 28 , in writing and reasoned statement, if:
(a) the request is manifested inadmissible;
(b) the request is apparently reasonable or not reasonable,
(c) the proposal on the basis of which the request is based is apparently reasonable or not reasonable,
(d) the objections to the request are manifestly founded or unfounded; or
e. the objections to the proposal underlying the request are manifestly unfounded.
2 An apparently reasonable request is, in any event, to be considered in the case of: Article 7:253, fifth paragraph, of the Civil Code Unless:
a. the rental commission in an earlier ruling has ruled that on the basis of Article 7:257 of the Civil Code a lower rental price is reasonable and the defects mentioned in that judgment have not yet been remedied;
b. the percentage of the rental increase included in the proposal Article 10, second paragraph The maximum rate of rent increase referred to above is exceeded, in which case the request is manifestly reasonable only if it does not exceed that percentage.
3 The President shall state the award of the award of his judgment, as appropriate, and the date from which he is to take effect.
4 Article 7 or, for disputes as referred to in Article 4a , Article 7a shall apply mutatis mutandis, except in the case of a judgment on the resistance referred to in paragraphs 6 and 7 by the rental commission of the objection referred to in Article 7a of Article 7a of this Regulation to the State is owed.
5 The Steering Board shall immediately forward a copy of the Chair to the Parties.
6 Against the judgment referred to in paragraph 1, the lessee, lessor, tenant organisation or commission may, within three weeks of sending the copy of that statement, enter into proceedings in writing and on the grounds of a written statement of the copy of that judgment. The President shall indicate in his ruling parties on this possibility as well as on the form and the time limits which must be respected.
7 The rent committee considers that the objection referred to in paragraph 6 is well founded, that the judgment shall lapse, as provided for in paragraph 1, and shall be the basis on which the judgment referred to in paragraph 1 shall be based on the application of the decision. Chapter III was taken by the merceny.
8 If none of the parties referred to in paragraph 6 has been objected to within the period specified in that paragraph, the Article 7:262 of the Civil Code or Article 8a of the Law on Consulting Tenancies shall be subject, mutatis mutandis, to the decision of the hired committee to the statement of the chairman.
1 The administration shall be responsible for the handling of cases in accordance with the rules of administration, as referred to in Article 3f meeting committees.
2 The courtcommittee shall sit in the district within which the residence area to which the dispute relates is situated. Where appropriate, the Steering Committee may decide that the sitting committee shall sit in another arrondissement, which is within a reasonable distance of that place of residence, with a balance between, on the one hand, the low level of the the rent committee and, on the other hand, an effective operation.
3. The Steering Board shall designate the Governing Council as referred to in Article 3f at least three meeting locations as referred to in Article 3f, second paragraph, to where a courtboard committee disputes disputes as referred to in Article 3 (2). Article 4a can handle.
1 The sitting committee shall sit and discuss with a President-in-Office of the Council and two Members of the Council, a seat of which shall come from the circle of tenants and a sitting member shall come from the circle of lessors.
2 The President may act as chair of the office.
3 By way of derogation from the first paragraph, persons who are not members of the group of lessors from the circle of tenants may be a sitting member of a courtcommittee dealing with disputes referred to in the Article 4a . Article 3d, third member , shall apply mutatis mutandis.
1 Before preparing a preliminary examination or making a judgment as intended in Article 4, second or third paragraph , or Article 4a , the party which is not the applicant shall be informed by the board of the content of the request. Before making a ruling as referred to in Article 4, second or third paragraph, Article 4a or Article 5, first paragraph , a preparatory examination shall be established. Such examination shall not be carried out in such a way if the documents available are sufficient to prepare the decision-making process.
2 The preparatory study shall be established by the Steering Board. In special cases, the President-in-Office may set up the investigation.
3 A written report shall be drawn up of the preparatory examination.
4 In cases where the President does not rule as intended Article 20, first paragraph , the Board shall determine the day and the hour to which the request will be addressed at the session of a sitting committee as soon as the preparatory examination has been carried out, in the opinion of the Chair, or, if that examination is due to the first examination of the opinion of the President of the Committee. member is not set up, already at the end of the fund.
5 The board shall submit to the parties or their written agents the documents relating to the case until the day of the meeting.
6 The Steering Board shall inform the parties of the information relating to the session without delay, but at least two weeks before the date of the examination of the request for the hearing. The notification shall be accompanied by a copy of the report referred to in paragraph 3 or shall contain the communication that no preparatory examination has been deemed necessary in this respect, indicating the reasons which led to that judgment. The notification shall also contain the notification that the documents are available for inspection in accordance with the fifth paragraph.
The chairman shall be competent to request that the rental commission be treated as identical or substantially similar.
1 If several requests have been submitted simultaneously by a Party to the same housing area simultaneously, they shall be taken into account.
2 Where a request as referred to in point (a) of the Article 7:257 of the Civil Code and a request as referred to in Article 7:253 of that Code The rental commission shall decide on the request before deciding on the request, unless the submission of the former request has taken place after the date on which, according to the other request, the request for a decision has been taken Request the change in the rental price should be included.
1 Before the commencement of examination of the request for a hearing, the President and each of the seats participating in the session may be held by one of the parties on the basis of the facts or circumstances which are the forms of a May make impartial judgment more difficult.
2 On the basis of such facts or circumstances, the President-in-Office of the Council, and each of the members of the session, may be different from those who are participating.
3 The President of the Council and the members of the session participating in the session, with the exception of those who are asked to change under the first or second paragraphs of objection, shall decide as soon as possible or the wrecking, the difference shall be allowed. In the event of a tie, the request for objection or change shall be authorised. In such a case, the proceedings may be held until a day and an hour to be determined by the President of the Council.
1 The sessions of a courtcommittee shall be open to the public.
2 In the interests of public policy or at the request of one of the parties, if its interests require it, the courtcommittee may decide that the session will be held with closed doors.
3 The debate and the decision on a request as referred to in the second paragraph and Article 31, third paragraph , shall be made out of the presence of parties or third parties.
1 The President-in-Office of the Council shall be in charge of the session.
2 The President of the Council and the members of the session participating in the session shall make known and subsequently interrogate to the parties or their agents as well as the parties responsible for the proceedings before the commencement of the examination of the request. Witnesses and experts gave up to the Chair of the Plenary Session.
3 Parties shall be given the opportunity to address each other by the intervention of the President of the Council on the matter.
4 Before the hearing is closed, each of the parties has the right to speak.
5 Once the hearing is closed, the President-in-Office shall inform the President of the decision when it is to be delivered.
If a further investigation proves necessary, or if a study is considered desirable, the President-in-Office may decide to set it up. In that case, the further provisions concerning the preparatory examination shall apply mutatis mutandis.
7 A sitting committee shall deliberate outside the presence of the parties or third parties, acting by a majority of its members, and shall base its rulings solely on what has been discussed at the hearing and on the documents drawn up in accordance with the rules of procedure. Article 28, fifth paragraph Have been made available for inspection.
If the authorisation is as specified in Article 2:1, 2nd paragraph, of General Law governing the administrative law A sitting committee may hold the case until the party concerned has been given the opportunity to provide the appropriate representation.
An official of administrative support for the rental commission shall be present at the meetings. He shall record all that being dealt with there, indicating the commercial content of the statements of the persons heard by the courtcommittee.
1 The rental commission shall do so within four months of the expiry of the Article 7 (4) The said period, or, where the appeal referred to in that Article is not required, after receipt of the applicant's allowance, in writing and reasoned statement. In the event of a dispute as referred to in Article 4a shall give its decision within eight weeks of the expiry of the period referred to in Article 7 (4). By way of derogation from the first and second sentences, in the event of failure to meet the period specified in the first or second sentences, the rental commission shall decide within a longer period to be provided by the rental commission, provided that it is granted to the Commission. that both parties have notified in writing and reasoned in writing before the expiry of the time limit set out in the first, or second sentence of, the period mentioned.
2 The statements of the rental commission shall indicate the names of those who took part in the proceedings of the case. They shall be signed by the relevant President-in-Office.
3 The Steering Board shall promptly transmit a copy of the decision of the rent committee to the parties.
4 The rent committee points out in its ruling parties to the Article 7:262 of the Civil Code the right to refer to the courts as well as the form and time limits which must be complied with in such a manner.
5 Where it is found in the judgment that a dwelling place has one or more defects which seriously harm the enjoyment of the dwelling, the Steering Board shall, in addition, send a copy to the inspector in question: Article 1, first paragraph, of the Housing Act , and to the mayor and aldermen of the municipality in which the place of residence is situated.
The President, the Deputy Chairperson, the Presidents, the Members of the Council and the administrative support officers may, if it puts the impartiality at risk, either directly or indirectly in any particular maintenance or maintenance. engage with parties or their counsel or any particular assignment, memory or scripture on any matter, which is pending or which they know or suspect, that it will be brought before the rental commission.
1 The board may, to the extent reasonably practicable for the exercise of the tasks of the rental commission, be referred to in the Article 4, second to fourth paragraphs , 4a and 5 , and the duties of the President, intended to Article 6, first paragraph , is necessary, from the lessor, and the taking of copies of books and other business records.
2 The lessor shall be obliged to grant him access to and copies of books and other business documents advanced under the first paragraph, in the manner and within the time limit, to be determined by the Board.
3 The obligation not to comply with the obligation laid down in paragraph 2 shall be penalised by a fine of the second category. The criminal offence is a violation.
1 The Chair and the Members of the Council shall have access to all living and business premises, as well as to space which may be used as such, provided that it is reasonably necessary for the performance of their duties. They may join in the entry by certain persons to be designated by them. If necessary, they shall provide access by means of the strong arm.
2 This Article does not apply to disputes as referred to in Article 4a .
A nomination for a Article 3, second paragraph , 7, first paragraph , 7a, 1st Member , 8 , 10, 1st Member , or 12, second paragraph , the general measure of management to be adopted shall not be more than four weeks after presentation to the two Chambers of the States-General.
In the case of ministerial arrangements:
a. for the execution of Article 7:253 of the Civil Code rules are given regarding the conditions to which the landlord ' s letter referred to in the second member of that article should comply with the lessee, and
b. for the execution of Article 7:257 of the Civil Code rules are given regarding the conditions to which a notification of the lessee to the landlord of a defect should be met.
The requests pending at the time of entry into force of this Law to a rental committee shall be treated by the rental commission in accordance with the law applicable before the date of entry into force of this Law.
The applicability of the provisions of this Law may not be excluded or limited by agreement.
In each of the expiry of the period specified in: Article 7:260, 2nd paragraph, of the Civil Code A judgment of the rental commission or a decision of the judge on the payment obligation of the lessee in respect of the payment of the fees, provided for in paragraph 1 of that Article, has been instituted for the benefit of the payment of the fees. fees.
Paid in any legal proceedings in respect of what was not paid for in connection with an agreement as referred to in Article 4 (1) of the Article 7:258 of the Civil Code where parties only agreed on the price and not those of the rental price, a decision of the rental commission, as referred to in Article 17 , or a decision of the judge, as referred to in Article 7:262 of the Civil Code was submitted.
Our Minister shall transmit within three years of the entry into force of Article 4a of the Implementing Law rental prices accomodation to the States General a report on the effectiveness and effects of the settlement of the disputes, referred to in Article 4a, by the rental commission.
1 The Merceny Law Accomodation shall be withdrawn.
2 The Law on the rent commissions shall be withdrawn.
If the proposal of the law establishing the European Union to adopt a text of 2 July 1998 Title 7.4 (Rent) of the Civil Code (Chamber pieces II 1997/98, 26 089, No. 1-2), after being elevated to law, enter into force, this law shall enter into force at the same time.
This law is cited as: Implementing law rental prices living space.
Burdens and orders that it will be placed in the Official Gazette, and that all ministries, authorities, colleges and officials who so concern will keep their hands on the precise execution.
Issued at The Hague, 21 November 2002
Beatrix
The Minister for Housing, Spatial Planning and the Environment,
H. G. J. Kamp
The Minister of Justice,
J. P. H. Donner
Published in the 19th of December 2002The Minister of Justice,
J. P. H. Donner
