Mediation

Mediation is another non-legal option that is used to resolve conflicts. This method of conflict resolution differs from an 'ordinary' negotiation between two or more parties. When you decide to go for mediation, there is an additional person (the mediator), so you're going to have the conversation with three people. The mediator is impartial and he will maintain order during the conversation. He will also search for and suggest possible solutions. The mediator may be a lawyer, but not necessarily. The purpose of mediation is to improve the communication between the parties. Therefore, this is useful when the communication between the parties is already disrupted.

Mediation is a suitable option if the communication between you and your landlord is no longer optimal, but you can still get along with each other. If the communication between you and your landlord is still good, it is wise to first try to solve the problem with your landlord, without an external party. Often, this will already yield a lot. See our sample letters to your landlord and our recommendations for the conversation. In conclusion, mediation is a suitable middle course between a two-way discussion and taking legal steps.

Keep in mind that there are costs, if you choose mediation. The exact costs differ from case to case, and also depend on which mediator you choose and on the complexity of the case. In most cases, mediation is a lot cheaper than choosing the legal way.

Do you want a more accessible way to solve the problem? In that case, you can choose to have someone you or your landlord know and trust be present at the conversation as a mediator, when you think this is the right person for the job. In this case, it is officially no longer called 'mediation', but the idea remains the same.

TIP: when you choose this option, make sure that you check thoroughly if this person is indeed certified to work as a mediator.

Rent Tribunal

If you think your rent is too high, you can report to the Rent Tribunal. You can request the Rent Tribunal to review the initial rent. This procedure is therefore called the initial rent test. During that procedure there will be an inspector from the Rent Tribunal who will come to your appartment and perform an inspection. He will check your living space. The Rent Tribunal then uses the same scoring system as used in the housing valuation system.

There are some important things you should know when you want to submit a request to the Rent Tribunal:

• The option to have the rental price tested is possible if the agreed rental price is not reasonable in comparison with the quality of your living space;
• In the case of a rental agreement for an indefinite period: you must submit the request to the Rent Tribunal within 6 months of the commencement date of your tenancy agreement (ie NOT the date on which you sign the tenancy agreement);
• In the case of a fixed-term rental agreement: you must submit the request to the Rent Tribunal within 6 months after the agreed period (the fixed period) (so you do not have to worry about the possibility that your landlord will give notice of the rental agreement);

CAUTION! If you, as a tenant, allow this 6-months period to expire, the agreed rent (as determined by you and the landlord) will applie. Even if the price-quality ratio is not balanced. Something you could do, if that's the case, is submit a request to the Rent Tribunal for a rent reduction, or a rent adjustment. The difference here is that a review of the agreed price has retroactive effect, whereas a rent reduction proposal only works for the future.

• The Rent Tribunal's ruling is binding on both you and the landlord, unless one of you files an objection with the subdistrict court;

CAUTION! After the Rent Tribunal's ruling has been sent, both parties have a period of 2 months time to request the subdistrict court to set the rent.

If the Rent Tribunal deems the rent too high, the rent will be reduced from the effective date of the lease to the maximum amount that is considered reasonable for your accommodation. This is called the 'maximum reasonable rent'.

Successful, the rent is (indeed) too high! Now what?

If the Rent Tribunal has ruled that the agreed rent is indeed too high and the rent is therefore adjusted for you, this does not mean 'that's that'. You will still have to pay the old agreed rent for at least 2 months after the Rent Tribunal's ruling. It is therefore not allowed to start paying the new (lower) rent during that period. Even after this period you should take into account that your landlord may have gone to the subdistrict court to have the rent determined. If that's the case then you will have to keep paying the old rent until the subdistrict court has determined the rent.

CAUTION! This way of paying the rent also applies when you propose a rent reduction.

If your landlord makes a proposal towards the Rent Tribunal to increase the rent and you (as a tenant) object to that, then the above situation applies in reverse. During that procedure you can simply continue to pay the old (still valid) rent until the (right) rent is determined.

Exception situation

Suppose you are a tenant of private housing and are applying for rent subsidy for the first time. Given your position, you are usually given extra protection against excessive rents. In that case, as a tenant you have the 'obligation to bring'. This means that you must first request a statement from the chairperson of the Rent Tribunal about whether the agreed rent is reasonable or not. Only then can you submit the request for rent allowance. If the chairman's statement shows that the rent is too high, your request for the statement is also regarded as a request to reduce the initial rent. In that case you do not have to start a separate procedure at the Rent Tribunal.

Reconciliation

This reconciliation is simply explained, a 'letter to connect'. It is a (written) request for your landlord, to have a conversation, in all reasonableness and without having to take (further) legal actions.

You're going to talk with your landlord about the rental price. You can compare it with a negotiation.

Underneath you will find two examples of letters you can use and send to your landlord. As the headlines say: you can use the first one if you rent a room (or another kind of housing) in the social sector and the second one if you rent any kind of housing in the free sector.

We would like to give you some recommendations to be prepared when you and your landlord decide to have a conversation, after you sent the letter.

• Try to have the conversation in a neutral place for both parties;
• Be prepared. Write down what your requirements are and why you think you're entitled to the things you demand. Take the evidence to prove your point and further relevant legal information with you. We advise you to bring a notepad and a pen, so you can write important things down during the conversation;
• Explain in detail what the exact problem is and try to convince your landlord that this is an actual problem for you;
• Try to talk to each other in a friendly and de-escalating way. In addition, try not to make it a personal issue at all;
• Make it clear to your landlord that you know your rights, and know that they work in your favor. This is not meant as a threat to your landlord, but to let him know that you are well informed. You don't have to tell each other things that are not true. When you're both well informed, you can have the conversation as equals. When you know the (legal) situation and the facts, you can make up a well-founded opinion;
• Try to convey to your landlord that taking further legal steps is not desirable for you and that you see this as a last resort. If you're going to threaten to take such steps, there is a chance that this will put the relationship on edge. That is exactly the thing you're trying to avoid. However, if you're prepared to take legal steps, you can indicate this. This choice is ultimately up to you. Whether this is wise or not depends to a large extent on how the conversation is going;
• Make good and clear agreements after the meeting. We recommend that you put these on paper immediately after the meeting and have them signed by both parties;
• Communicate your desired solution to the other party, but also ask for his/her proposal(s). Then, it is up to you to decide with which proposal(s) you agree to. You don't have to agree on everything. The main point is that you come to a solution you both agree with. Often, this is a solution in which all parties have to make concessions. If you can't work it out together, you always have the option of mediation.

Subdistrict court

If you have lodged an objection (due to amount of the rent) at the Rent Tribunal, then their ruling is binding on all parties. This means that the rent, which results from that decision, applies. However, if you do not agree with the decision, there is another possibility. You can lodge an objection at the subdistrict court. This can be done within two months of the date of dispatch of the Rent Tribunal's ruling. The rent established by the subdistrict court, is binding. There is no possibility of appeal. 

Both you and your landlord can file an objection at the subdistrict court. You do this by sending a summons. 

CAUTION! You do not need a lawyer for this. However it is advised to have someone with a legal background look into the matter.

A good relationship with your landlord is very important. After all, you'll have to stay with this landlord for some time. It is therefore not advisable to go to the subdistrict court directly. This could escalate things. It is for that matter advisable to first think about an association or mediation. If, in the end, you're unable to work things out together, you can always go to the subdistrict court. 

Always keep in mind that it is possible that the subdistrict court will rule against you. Also consider the costs such as court fess or if you decide to hire a lawyer.