19 February 2025
It is not uncommon for tenants to cause nuisance, such as noise nuisance due to loud music or shouting coming from the leased property, or odour nuisance due to an unclean property or garden. In such cases, it is crucial that landlords respond appropriately to reports of nuisance, especially when the landlord is a housing corporation that also rents to the affected neighbors.
This article explores the responsibilities of a housing corporation in cases of nuisance, the approach it can take and the measures available.
First and foremost, every tenant is required to act as a good tenant (Article 7:213 of the Dutch Civil Code). This means tenants must behave in a way that does not cause nuisance to neighbors or surrounding residents. This obligation is set out in the law and is typically also included in the tenancy agreement and/or general terms and conditions. For more information on tenant-related nuisance refer to this article.
If a tenant fails to meet their obligations by causing nuisance a housing corporation may be required to take action. This is particularly relevant when the corporation is the landlord of both the nuisance-causing tenant and the affected neighbors. As a landlord must ensure that all tenants enjoy undisturbed living conditions.
If persistent nuisance prevents this it may be considered a defect under Article 7:204 of the Dutch Civil Code. The landlord is obligated to resolve defects including taking action to end the nuisance (Article 7:208 of the Dutch Civil Code). If it fails to do so it is not fulfilling its obligations toward the affected neighbors.
It is essential for a housing corporation to take proactive steps against nuisance both to protect surrounding residents and to maintain a safe and livable environment. Many housing corporations implement a nuisance policy outlining when and how they intervene. By enforcing clear policies and taking consistent action corporations can effectively manage nuisance and uphold the quality of living in their housing areas.
In most cases housing corporations first engage in discussions with the tenant responsible for the nuisance. The tenant is reminded of their obligation to be a good tenant and is asked to stop the nuisance. If the nuisance continues, the corporation will issue a formal notice and demand that the tenant ceases the behavior. The tenant may also be informed about neighborhood mediation or other conflict-resolution options. It is advisable to make the potential consequences of ongoing nuisance clear from the outset including any legal actions the housing corporation may take.
If the nuisance persists, the housing corporation has several options. The corporation can issue specific instructions to the tenant such as restricting music playback after a certain time. Additionally the corporation can initiate legal proceedings against the tenant seeking termination of the tenancy agreement and eviction due to failure to meet obligations as a good tenant. The court will grant such requests if the severity nature and duration of the nuisance justify termination and eviction.
If the court grants the housing corporation’s claims, the tenant may be offered a second-chance agreement. This gives the tenant one last opportunity to improve their behavior and avoid eviction. However if the tenant continues to cause nuisance eviction will proceed. A second-chance agreement is not a right but a discretionary option provided by the housing corporation.
It is crucial for a housing corporation to follow a structured approach and maintain a well-documented file including reports of nuisance statements from neighbors, results from neighborhood investigations or mediation and written warnings and demands issued to the tenant. This file is essential if the corporation seeks termination and eviction. The corporation must demonstrate to the court that it took all reasonable steps to resolve the nuisance but was unsuccessful justifying termination of the tenancy agreement.
This article provides guidance to housing corporations on their rights and responsibilities in dealing with tenant-related nuisance. If your corporation requires further advice or support on a similar issue please feel free to contact us.
