Minor repairs: which maintenance does the tenant pay for?
5 minute read
Repair responsibility is not decided solely by the invoice amount or the fact that an object is used daily. The task, cause and statutory conditions matter. Replacing a bulb, repairing a concealed pipe and renewing a complete installation are different actions. Identify the specific work before commissioning it or accepting an invoice. Separate ordinary maintenance, worn-out replacement and damage caused by someone’s actions.
In this article
- Describe the task precisely
- Consult the statutory list and official table
- Distinguish wear, defects and damage
- Scrutinise broad contractual wording
- Check maintenance packages and service charges
- Agree who commissions the contractor
- Respond specifically to a disputed bill
- Separate ongoing maintenance from departure inspection
1. Describe the task precisely
Record what fails and the action proposed. Is it cleaning, tightening, replacing a small component or renewing a whole facility? Saying a tap is broken is insufficient where the question is replacing a washer or an entire worn-out tap.
Ask the contractor to identify the work and cause. An itemised work order helps more than a single total. Use the same detail when the landlord says in advance you must pay: ask which particular maintenance duty is involved.
2. Consult the statutory list and official table
The Rijksoverheid maintenance table gives examples for each party. The underlying Besluit kleine herstellingen contains the statutory list and conditions. Read beyond one keyword.
Accessibility, limited costs or absence of specialist knowledge can matter for particular tasks. Not every job concerning the same object always belongs to one party. Identify conditions attached to the actual action and record any unusual circumstances.
3. Distinguish wear, defects and damage
Maintaining a usable facility differs from replacing it because it is worn out. Damage through careless behaviour is another question. Where something breaks does not by itself prove the occupant caused it. Ask what technical finding supports the attribution.
Take photographs and retain earlier reports of the same failure; these may show a pre-existing problem. Admitting a contractor does not automatically acknowledge full liability. Arranging access and accepting a disputed charge are separate actions.
4. Scrutinise broad contractual wording
A clause making the tenant responsible for all maintenance does not necessarily replace the statutory allocation. Have broad departures assessed within residential tenancy and mandatory rules. A rule assigning every invoice below an arbitrary amount also needs scrutiny.
Ask for the relevant statutory task rather than only an internal cost threshold. Equally, a valid tenant responsibility cannot be ignored solely because you do not own the property. A concrete task assessment gives both sides a clearer basis.
5. Check maintenance packages and service charges
A landlord may perform minor tenant tasks under a maintenance package. Ask which services are agreed, how participation is arranged and how charges are justified. Such a package does not automatically permit major maintenance to be charged twice.
The Huurcommissie service charge guidance supports this check. Compare payments with permissible services and look for a second bill for work already covered. Retain the package specification with the annual account.
6. Agree who commissions the contractor
Where a task clearly belongs to you, arrange appropriate execution. For fixed installations, check whether a landlord procedure or qualified specialist is needed. Do not undertake dangerous or specialist work merely to save money. Ask about safe execution where uncertain.
If responsibility is disputed, raise this before instruction where possible. Identify the commissioning party and invoice recipient. A contractor sent by the landlord can still produce a charge whose onward allocation needs justification.
7. Respond specifically to a disputed bill
Request the work order, date, cause, action and cost breakdown. Identify the disputed part and reason. Refer to the particular maintenance duty or absent cause evidence, including photographs and earlier reports. A focused request provides more substance than a blanket refusal.
If included in service charges, the annual account has its own route. A direct damages claim differs again. Establish which claim is actually made. The kantonrechter can assess tenancy disputes if agreement is not reached.
8. Separate ongoing maintenance from departure inspection
A task neglected during the tenancy may arise again at departure. Compare the initial condition, ordinary wear and specific damage. A standard inspection list does not prove every charge. Retain maintenance invoices and ask exactly which repairs a preliminary inspection requires. Read final inspection to prepare handover and evidence.
- Defect and proposed action described precisely
- Statutory task and relevant conditions checked
- Cause and earlier reports collected
- Package and service charges checked for double payment
- Commissioning party, work order and invoice documented
- Disputed amount explained in writing
The task determines the question
| Action | What to check | Insufficient evidence alone |
|---|---|---|
| Cleaning or tightening | Statutory tenant duty and conditions | Low invoice amount |
| Complete replacement | Wear and landlord responsibility | Daily use |
| Damage repair | Cause and responsibility | Location inside the home |
| Package work | Agreed service and accounting | Maintenance-package label |
Example: two possible repairs to a leaking tap
A kitchen tap leaks. Initially a small replaceable component is suspected, but investigation shows the complete tap is worn out. The tenant asks the contractor to record both findings.
Responsibility is then assessed using the actual work and cause, rather than the keyword tap or an internal invoice threshold. A concrete diagnosis matters more than assuming every problem involving one object belongs to the same party.
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View the overviewFrequently asked questions
Are all repairs below a particular price my responsibility?
Not solely because of their cost. The statutory task, work and conditions matter. An internal threshold does not automatically replace assessment.
Can a landlord transfer maintenance duties through a contract?
Assess the clause against statutory rules. Very broad wording particularly deserves review. Signing does not automatically validate every maintenance provision.
Must I pay because I reported the fault?
Reporting and providing access differ from acknowledging liability. Ask which task and cause support the charge. A reporting duty does not make every repair your expense.
Where can I obtain help interpreting the list?
Collect the clause, technical description and official task you found. A huurteam or legal adviser can then assess which conditions fit the specific work.
Sources and editorial accountability
Official sources support the legal explanation. Relevant passages include direct references; the sources for this article are listed below.
Sources consulted on
- RijksoverheidRijksoverheid — maintenance responsibilitiesrijksoverheid.nl
- Overheid.nlBesluit kleine herstellingen — statutory minor repairs ruleswetten.overheid.nl
- HuurcommissieHuurcommissie — service chargeshuurcommissie.nl
- RechtspraakRechtspraak — tenancy disputesrechtspraak.nl
The links open the original publications, usually in Dutch.
Our editorial approachThe rules depend, among other things, on your contract date, type of accommodation and rental sector. Have your own circumstances and any deadlines assessed.
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Not legally reviewed yetThis version has not been reviewed by a lawyer or legal professional. Checking sources or editing text is not legal approval.
Editorial team Huurrecht in Nederland
We connect explanations to sources and record targeted changes. Legal review is attributed only to the actual reviewed version, with a real reviewer, date and scope. Human legal review of these articles remains open.

Ricardo van der Spoel
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