Can replacement residential space and relocation costs be claimed for renovation?

There is no statutory obligation to offer replacement residential space. However Section 7:220 Paragraph 5 of the Dutch Civil Code sets out that the lessee must contribute to the cost of the relocation if the relocation is necessary due to the renovation works. For independent residential space, the statutory contribution amounts to €5,910. The Court of Appeal in The Hague (ECLI:NL:GHDHA:2016:2794) recently stressed that in the event of renovation of a home, it is often not necessary to relocate. The single fact that a lessee would like to have temporary alternative accommodation due to noise is not sufficient reason. If the lessee is unable to use the kitchen or toilet for a few days during the renovation works, the Court of Appeal ruled that the lessee must accept this. However, health reasons may be a good reason. For example, a lessee with severe asthma could be successful in requesting relocation to temporary accommodation, where other lessees are not.

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