When mediation is mandatory in rental disputes in Utrecht
Learn when mediation is mandatory for rent increases or evictions in Utrecht. Prevents court cases and is regulated in Book 7 of the Dutch Civil Code, rental laws, and local practices.
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Arslan AdvocatenLegal Editorial
2 min leestijd
Mediation is not always mandatory in rental law, but it is in specific situations in Utrecht. For rent increases exceeding the standard, the landlord must first offer mediation or a Rent Committee procedure (art. 7:247 DCC). In Utrecht, where the rental market is tight with many student and young family homes, this applies strictly to properties in neighbourhoods such as Kanaleneiland or Overvecht. Also for disputes over service charges or indexation, an attempt at an amicable settlement is required before approaching the judge at the District Court of Midden-Nederland. In eviction procedures due to non-payment, which is common for temporary contracts in the city, a hearing and improvement obligation applies, which may include mediation. The Quality of Rental Disputes Act provides that Utrecht courts may order mediation via local institutions. Benefits of mandatory mediation: it prevents unnecessary proceedings at the overburdened Utrecht judiciary and encourages consultation between tenants and landlords. In case of non-compliance, the party risks rejection of the claim. Examples: a tenant in Lombok complains about leaks in an old mansion, the landlord about nuisance from parties – mediation is often the first step via Utrecht mediators. Choose a mediator from the register of the Netherlands Mediation Institute or affiliated with the Utrecht Bar Association. If mediation fails, a proces-verbal follows with proof of the attempt. Tenants in Utrecht can obtain free legal assistance via the Legal Counter at Mariaplaats or the Utrecht Rent Team. In summary: the obligation depends on the type of dispute, but it always pays off for quick solutions in the busy Utrecht rental market.