Can you claim compensation for non-material damage under Dutch real estate and tenancy law?

Although Dutch law has long provided for this possibility, courts have traditionally been reluctant to award such compensation.

There are also political objections: some fear a “claim culture”, while others worry about inconsistent awards and unclear benchmarks for non-material damages. It is no coincidence that next of kin in the Netherlands have only been entitled to compensation for affection damage (affectieschade) — for example, following the death or serious injury of a partner or family member — since 2019.

Given the caution shown even in cases involving life and death, there has historically been even less support for awarding compensation for non-material harm caused by defects in (rental) property. Yet, Dutch law has allowed this for quite some time, and such claims are increasingly being granted — especially in tenancy cases.

Legal framework

If a defect exists for which the lessor is responsible, the tenant may — in addition to claiming a rent reduction under Article 7:207 of the Dutch Civil Code (BW) — also claim compensation for material or non-material damage under Article 7:208 BW.

For non-material damage, Article 6:106 BW is relevant. It provides that a person who has suffered bodily injury, reputational harm, or has otherwise been personally affected, is entitled to a reasonable amount of compensation for non-material damage.

Article 6:106 BW also forms the legal basis for non-material damages outside tenancy law — for instance, where an owners’ association (VvE) unduly delays necessary repairs, or where a buyer is disappointed by defects in a newly purchased home.

Are such claims easily awarded?

The threshold for awarding non-material damages is high. The claimant must prove that they have genuinely suffered personal harm as a result of the defect. The mere existence of a (serious) defect is not enough, there must be concrete evidence showing a causal link between the defect and the personal suffering.

Case examples

1. Asbestos exposure
   A lessor commissioned renovation work in which the kitchen was replaced. During these works, the contractor released asbestos due to negligent handling. The tenant claimed €4,500 in non-material damages from the lessor for fear of future illness caused by exposure.The court held that the lessor was not liable for the contractor’s mistakes. However, the contractor had acted unlawfully towards the tenants by working carelessly, and was ordered to pay €2,250 in non-material damages. [1]
2. Persistent odour nuisance
   In another case, a lessor failed to take sufficient measures to address long-term odour problems caused by defective sewage. The tenant’s claim succeeded, and they received €4,000 in compensation for substantial loss of enjoyment of their home.It is noteworthy that the tenant in this case had not also requested a rent reduction — a factor which may have contributed to the relatively high award. [2]
3. Inaction by an owners’ association (VvE)
   The Amsterdam Court of Appeal awarded €30 per day in non-material damages for the period from 1 July 2018 to 1 July 2019. The VvE had failed to repair damage to the property, forcing the owners to live for a long time in a dwelling unfit for normal use (for example, without a functioning shower). [3]
4. Severe water damage in a new apartment
   Buyers of a converted office villa experienced severe water leakage. They terminated the purchase agreement and successfully claimed substantial damages for furnishing costs and the cost of finding new housing.However, their claim for €50,000 in compensation for loss of enjoyment of living was rejected. Although the court recognised that the water problems caused stress and affected daily life, it held that this did not amount to a personal injury as required under Article 6:106 BW. [4]

Conclusion

It is possible to successfully claim compensation for non-material damage in real estate and tenancy law. However, the threshold for such claims remains high, and the awarded amounts are modest by international standards.

Nevertheless, both claimants and defendants should take this possibility into account.

More information

Do you have questions regarding non-material damage or tenancy law in general? Please feel free to contact us for advice.

Frequently asked questions about property and tenancy law & compensation for non-material damage

• Can a tenant claim compensation for non-material damage?

  Yes, if there is a defect in the property for which the landlord is responsible, a tenant may claim compensation for non-material harm. However, the threshold for success is high.

• What is required to obtain such compensation?

  The claimant must provide clear documentation of the impact on their life, ideally supported by (medical) evidence.

• What are examples of non-material damage?

  Examples include anxiety about health due to asbestos exposure, or stress caused by persistent odour problems or other disturbances affecting quality of life.

• Is it necessary to request a rent reduction first?

  No, requesting a rent reduction is not mandatory, but it may influence the amount of compensation ultimately awarded.

[1] Rb. Midden-Nederland, 8 juni 2022, ECLI:NL:RBMNE:2022:2947, r.o. 3.23.
[2] Rb. Amsterdam 6 augustus 2021, ECLI:NL:RBAMS:2021:4076, r.o. 10.
[3] Hof Amsterdam 21 mei 2024, ECLI:NL:GHAMS:2024:1388, r.o. 4.10 e.v.
[4] Rb. Noord-Holland 18 juni 2025, ECLI:NL:RBNHO:2025:6641, r.o. 4.33.