The Rent Commission's Defects Book describes which defects in a rental property may be serious enough for a temporary rent reduction. Report the problem in writing first, usually give the landlord six weeks to make repairs, and keep proof. In urgent cases or for a private sector rental property, the subdistrict court may be the better route.
Mold, leaks, or a broken heater are annoying. Legally, what matters most is the severity of the problem, its cause, and how much of the home you can still use normally. This page translates the official Defects Handbook into a practical step-by-step plan for tenants.
Substantively checked on 6 September 2026 against the Defects Book of July 2026.
Briefly: Tenants primarily search for concrete problems: overdue maintenance on a rental property, putting the landlord in default, a rental property leak that is not being resolved, and defects in a private sector rental property. Therefore, you will find answers below for each situation.
In brief: Provide evidence, report the defect in writing, and request rectification. If rectification does not occur, have it assessed whether overdue rental property maintenance can lead to a rent reduction, rectification via the subdistrict court, or another claim.
In brief: A notice of default to the landlord is a clear written notification including evidence, a request for repair, and a deadline. Use this primarily if previous notifications yield no results. Download the sample letter for reporting defects at the bottom of this page.
In brief: Document the leak, water damage, and reports. If Leakage in rental home is not being resolved, enforcing a rent reduction or restoration may be possible.
In brief: Consequential damage caused by leakage requires proof of cause, damage, reporting, and negligence. Keep invoices and photos. In the event of serious damage, a claim against the landlord be more logical than just a rent reduction.
In brief: For defects in private sector rental properties, the Rent Commission route is often more limited. For repairs, performance, or damages, the sub-district court is frequently required. Therefore, have the legal strength of the route checked first.
In brief: Do not simply stop paying. Failure to pay rent due to defects can lead to a risk of rent arrears. First have it assessed whether a rent reduction, suspension, set-off, or legal proceedings can be safely pursued.
Mold can be a serious defect if the cause lies outside normal use and the landlord fails to resolve the issue after it is reported. See also tackling mold in a rental home.
Leaks are more likely to be resolved if you properly document the cause, damage, and reports. Read more about rent reduction in case of leakage.
Overdue maintenance must be reported specifically. Think of window frames, roof, walls, installations, sanitary facilities, or ventilation. View overdue rental property maintenance.
No or insufficient heating can quickly become serious, especially during cold periods. Record temperature, dates, alerts, and emergency solutions.
Poor or broken ventilation can be associated with moisture and mold. Document which rooms are causing problems and whether vents, extraction, or windows are working.
In cases of dangerous electrical systems, risk of collapse, severe dampness, or health risks, urgency may be required. In such cases, in addition to the Rent Commission, the subdistrict court or the municipality may also be relevant.
The Defects Book is the assessment framework used by the Rent Commission to determine whether a problem is serious enough for a temporary rent reduction. The book divides defects into categories A, B, and C. The cause, extent, duration, and impact on living comfort determine the weight of a defect.
The book does not cover every minor damage. It describes, among other things, severe mold, leaks, ventilation problems, inadequate heating, a non-functioning sewage system, and unsafe situations. Statutory categories A and B are closed lists; category C can be supplemented by the Rent Commission.
The official Book of defects of July 2026 is leading. The assessment always remains dependent on research and evidence in your home.
| Categories | Meaning | Examples | Rent can temporarily go to |
|---|---|---|---|
| A | Very serious defects or shortcomings. | No usable toilet or washing facilities, no ventilation option, or a dwelling that is unfit for habitation due to its structural condition. | maximum 20% |
| B | Serious defects that severely affect habitability. | Widespread damp or mold growth, severe leakage through the exterior shell, a non-functioning sewage system, or a combination of serious maintenance problems. | maximum 30% |
| C | Other serious defects that clearly impair the enjoyment of the dwelling. | Insufficient ventilation resulting in moisture or odor nuisance, insufficient heating, serious pipe leakage, serious cracks or consequential damage to the leased property. | maximum 40% |
This is the portion of the applicable rent that remains after the maximum temporary reduction. The Rent Commission may order a less far-reaching reduction if the circumstances justify it.
Take photos with the date. Repeat the photos if the problem worsens or recurs.
Clearly email the landlord detailing the defects and request repairs within a reasonable timeframe.
Keep emails, WhatsApp messages, agreements, refusals and records of attempted repairs.
Note when the defect started, when you reported it, what has been repaired, and what remained.
Practical rule: First report poor maintenance to the landlord in writing and request repairs. For many defects, a period of approximately six weeks is used, unless there is an emergency. In case of an emergency, you must request repairs immediately and clearly.
In the event of serious defects, the Rent Commission can often assess a temporary rent reduction. Which step is the wisest depends on the type of dwelling, the tenancy agreement, the report, and the evidence.
For defects in private sector rental properties, the Rent Commission route is more limited. The Rent Commission often cannot issue a binding ruling, but can sometimes provide advice if this has been agreed upon. For a complaint regarding a private sector landlord, the sub-district court route is often more important.
Do you wish to enforce rectification, claim damages, take emergency measures, or demand performance? In that case, the sub-district court may be necessary. Huurteam Nederland also assesses this route.
Briefly: A rent reduction due to defects is different from compensation for damages. In many cases, the Rent Commission can temporarily reduce the rent as long as serious defects persist. The sub-district court may be required to enforce repairs, consequential damages, or performance.
| Goal | Route | When relevant? |
|---|---|---|
| Temporary rent reduction | Rent Commission or procedure check | In the event of serious defects following written notification. |
| Enforce repairs | Subdistrict court | If the landlord fails to repair and restoration is necessary. |
| Compensation | Claim or subdistrict court | For consequential damage such as leakage in a rental property, costs, damaged items, or additional expenses. |
| Compensation for loss of enjoyment of your home | File review | In the event of prolonged reduced enjoyment of the home or serious nuisance caused by defects. |
Also read: compensation for reduced living comfort.
A good report is brief, concrete, and verifiable. State the defect, the location, the date, the consequences, and your request for rectification. If the landlord does not respond, a notice of default to the landlord may be necessary. Include photos and request a written response.
Have your case assessed to determine whether it is suitable for a rent reduction, private sector advice, the subdistrict court, or a claim against the landlord.
For category A, the rent may be temporarily increased to a maximum of 20% of the applicable rent, for category B to a maximum of 30%, and for category C to a maximum of 40%. You will then temporarily pay 20%, 30%, or 40%. The Rent Commission may grant a less substantial reduction if the circumstances justify it.
In the event of overdue maintenance in a rental property, first report the problem to the landlord in writing and request repairs. Take photos, keep records, and set a clear deadline. If the landlord does not respond or repairs are not made, a rent reduction, enforcing repairs, or a claim may be possible.
You put your landlord in default by reporting in writing what is wrong, what repairs you expect, and within what reasonable timeframe this must be done. Include evidence, such as photos and previous reports. A proper notice of default to the landlord strengthens your case if legal proceedings are necessary later.
If a leak in your rental property is not resolved, report the leak again in writing, document the damage and damp spots, and request urgent repair. If the landlord remains silent or no satisfactory solution is found, proceedings for rent reduction, repair, or compensation may be appropriate.
Liability for consequential damage caused by a leak in a rental property depends on the cause, the notification, the evidence, and the landlord's response. If the landlord is late in repairing the damage or fails to repair it after a clear notification, a claim for damages may become stronger. Therefore, keep photos, invoices, messages, and a timeline.
Do not simply stop paying rent in the event of defects. This can lead to a risk of rent arrears or a dispute regarding termination. It is often wiser to demand repairs in writing and to have it assessed whether a rent reduction, set-off, suspension, or legal proceedings are legally sound.
In the event of defects in a private sector rental property, you must report the defect in writing and gather evidence. In the private sector, the Rent Commission is usually unable to issue a binding ruling regarding defects, except in specific situations. For repair, damages, or compliance, the route through the sub-district court is often more important.
The Rent Commission in the private sector has limited scope of application regarding maintenance and defects. It can sometimes provide advice if the tenant and landlord have agreed to this. For a binding decision regarding repairs or damage, the sub-district court is often required. Therefore, have the appropriate route assessed first.
A tenant is entitled to a home without serious defects and to the repair of maintenance that is the responsibility of the landlord. Minor repairs may sometimes be the tenant's responsibility. In case of doubt, the tenancy agreement, the law, the type of defect, evidence, and the landlord's response are taken into account.
A defect is particularly serious if it clearly limits your enjoyment of the property, is not caused by normal tenant behavior, and the landlord fails to resolve it after a report. Examples include persistent mold, leaks, dampness, broken heating, dangerous electrical systems, or poor ventilation. Gather evidence and report it in writing.
Yes, reporting in writing is usually necessary. Clearly list the defects, when they occurred, and what you expect from the landlord. Save your email, letter, photos, and responses. Without a written report, it is often more difficult to enforce a rent reduction or repairs.
Yes, that is possible if the mold is severe, the cause is not due to normal use, and the landlord fails to make proper repairs after a report is filed. Photos, moisture measurements, ventilation issues, and previous reports help substantiate the case. Huurteam Nederland can assess which course of action is appropriate.
The Defects Book describes which maintenance problems the Rent Commission may consider defects and how serious they can be. This concerns, for example, damp, leaks, mold, broken installations, poor ventilation, windows, doors, sanitary facilities, and safety issues. The book helps to frame your complaint legally.
For private sector rental properties, the Rent Commission route is more limited. Unlike with social housing or mid-market rentals, the Rent Commission cannot issue a binding ruling regarding defects in a private sector property. However, advice may sometimes be sought if this has been agreed upon. Enforcing repairs often requires the sub-district court.
The subdistrict court judge is particularly relevant if you wish to enforce rectification, claim damages, require urgent assistance, or are in the private sector where the Rent Commission cannot do enough. The subdistrict court judge may also be necessary following an advisory opinion or a dispute regarding compliance.
This is possible in certain situations, but the date of your report, the severity of the defect, evidence, and the correct procedure are important. The sooner you report in writing and gather evidence, the stronger your position. Therefore, have it assessed in a timely manner whether retroactive effect is feasible.
Use dated photos, videos, emails, WhatsApp messages, inspection reports, repair requests, responses from the landlord, invoices, and possibly statements from neighbors or experts. Also create a timeline: when did the defect start, when did you report it, and what did the landlord do?
See when mold can be legally relevant and which supporting documents you need. Read about mold in rental homes.
Read what to do in case of leaks, water damage, and delayed repairs. Read about rent reduction in case of a leak.
Check which maintenance issues you need to report and how to build a file. Read about overdue maintenance.
Are you unsure whether the Rent Commission, the municipality, or the subdistrict court is the right fit? Read when you can involve the Rent Commission.
The policy handbook for the assessment of serious defects. View the Defects Book.
The central government advises reporting poor maintenance in writing first and requesting repairs. Read the explanation.
In the case of defects in the private sector, the Rent Commission cannot issue a binding ruling, but sometimes provides advice. Read the explanation.
The subdistrict court may be required to enforce maintenance. Read the route.
This page provides general information. The wisest course of action depends on the contract, sector, report, evidence, urgency, and the landlord's response.