Nuisance caused by tenants: what is the role of the landlord?

What is nuisance?

Nuisance arises when the behaviour or actions of neighbours seriously interfere with the peaceful enjoyment of a property. There must be “unlawful nuisance”, meaning that the nuisance goes beyond the normal level of living comfort expected of an average person. Nuisance can seriously affect the enjoyment of a home. It is a significant departure from the usual “give and take” that normally exists between neighbours.

What is meant by nuisance?

• noise nuisance (music, barking dogs);
• odour nuisance (for example from a barbecue, open fire or an accumulation of waste);
• intimidation or threats;
• damage or vandalism.

Good tenancy conduct

Under Article 7:213 of the Dutch Civil Code, a tenant is obliged to behave as a good tenant. This means that a tenant must conduct themselves in such a way that they do not cause nuisance to neighbours or people living nearby. This obligation follows from the law and is usually also included in the tenancy agreement and/or the general terms and conditions.

Nuisance caused by tenants: what is the role of the landlord?

The landlord has the responsibility to ensure that the rental property is suitable for habitation and that:

• tenants comply with the arrangements and do not cause nuisance;
• if other tenants complain about nuisance, the landlord takes those complaints seriously and engages with the parties involved;
• if both the tenant experiencing the nuisance and the tenant causing the nuisance rent from the same landlord, the tenant experiencing the nuisance may choose to hold the landlord liable.

No action by the landlord

If a tenant continues to experience nuisance and the landlord, despite an express request, fails to take action, this may be regarded as a defect within the meaning of Article 7:204 of the Dutch Civil Code. The landlord is obliged to remedy defects and must end the nuisance on the basis of Article 7:208 of the Dutch Civil Code.

Where both tenants rent from the same landlord, the tenant may take legal action against the landlord. This may result in the landlord eventually taking action against the tenant who is causing the nuisance. In addition, a tenant may also bring proceedings directly against the party causing the nuisance and seek an order that the nuisance be stopped.

Five useful tips for landlords

These tips help landlords meet their duty of care towards others, strengthen their evidential position and respond properly to nuisance from neighbours.

Tip 1

When a landlord is approached by a tenant, it is important first to investigate with the tenant whether there is sufficient evidence.

This evidence may include:

• whether the tenant has discussed the issue with the neighbour and/or whether an attempt at a mutual solution has been made, for example through neighbourhood mediation. If this route has not yet been chosen, refer the tenant to this option first. This is also important for the prospects of success in later proceedings;
• whether the tenant has kept a log of the nuisance incidents;
• whether recordings of the nuisance and/or noise measurements have been made;
• whether nuisance has been reported to the neighbourhood police officer or a nuisance reporting point. If not, give the tenant the telephone number of the police or the local nuisance reporting point. In almost every municipality there is a dedicated reporting point where residents can report nuisance;
• whether there are statements from nearby residents, letters and/or records of conversations. It is important for the prospects of success in later proceedings that the tenant is not the only person experiencing the nuisance.

Tip 2

A well-documented file is essential for any eviction proceedings and for demonstrating a breach of the tenancy agreement (Article 7:213 of the Dutch Civil Code in conjunction with Article 6:265 of the Dutch Civil Code).

Tip 3

Take complaints seriously and verify the accounts of all those involved. Make sure that both the complaining tenant and the tenant causing the nuisance are given an opportunity to tell their side of the story. This prevents the court from rejecting a claim for termination due to insufficient investigation by the landlord.

Tip 4

Send the tenant causing the nuisance a formal notice of default. This can initially be accompanied by a warning that legal proceedings will follow if there is no improvement. A so-called first warning. A behavioural instruction, whether voluntary or not, can be an effective intermediate step and offers evidential advantages in proceedings.

Tip 5

Investigate whether the tenant has caused nuisance before or has previously been evicted from another property. This may be relevant to the court’s assessment of the seriousness and duration of the nuisance.

Contact and advice

If you would like advice on these issues or need assistance in negotiations and/or proceedings, please contact us. The lawyers of the real estate and tenancy law department of GMW lawyers are happy to help you.