Single glass of listed building is a defect, according to judge

Single glass of listed building is a defect, according to judge

The Amsterdam court recently made a remarkable ruling in a rental case. The court ruled that single glass of a monumental building from 1665 is considered a defect within the meaning of Article 7:204 (2) of the Civil Code. Rental law attorney Robert van Ewijk, explains how the judge arrived at this verdict.

Societal developments of interest in rental law

The court stated that the term “defect” is not a static concept and that a defect can arise from developments in the leased property or in the surrounding area. In the present case, the court includes social developments in its judgment and finds, in part for that reason, that single glass is a defect. Thus, the judge not only takes into account the energy crisis, but also the desire in society to take energy-saving measures in that context.

Affordable Rent Act

Also considered is the intention that deduction points will apply to the scoring of rental properties if the property has a poor energy label. This intention is part of the Affordable Rent Bill. The intention is to adjust the housing valuation system for independent living accommodations in the sense that deduction points will apply to energy labels E, F and G. Another factor is that a large majority of rented homes owned by private landlords now have double glazing, so that it can also be deduced that the presence of double glazing is now considered normal in that sector.

Despite monumental status, single glass is a defect

The judge did not place any value on the monumental status of the property. This is because double glazing was already present in parts of the property, so installing double glazing was not impossible for the landlord. Moreover, the landlord had already obtained a quotation for the realization of double glazing. In addition, the landlord had already made other provisions to increase rental comfort and the installation of double glazing did not involve a high expenditure.

Tenant's knowledge of defect at start of lease

Finally, the mere fact that the tenant was already aware of a circumstance limiting the tenant's enjoyment of the lease at the start of the lease does not carry sufficient weight to not qualify the single glass as a defect pursuant to Section 7:204(2) of the Civil Code. Indeed, the court found that the expected rental enjoyment from the 17th century is no longer today's standard.

Implications for legal practice

!WOON and the Woonbond want the line of this ruling to be continued and the defect “single glass” to be qualified under the Defects Decree (Appendix II to Residential Tenancies Decree).. On the other hand, it remains to be seen whether this ruling will be upheld in the event of a possible appeal. Furthermore, this is now only one ruling, which critics may say could be politically colored or motivated. It therefore also remains to be seen how other judges will rule on a similar question. We will keep you informed about this.

Leasehold defects lawyer

As a landlord, are you being sued by a tenant who claims to be restricted by defects in the leased property? Or are you a tenant and wondering when a defect exists? If so, take contact up with the tenancy law lawyer of Lexys Lawyers. Who knows exactly when there is a defect in the leased property.