Mistake (Article 6:228 of the Dutch Civil Code) and fraud (Article 6:229 of the Dutch Civil Code) render a rental agreement voidable, which differs from absolute nullity. A mistake arises when a party has an incorrect perception of the rental property due to misleading information from the landlord, such as hidden defects. Fraud involves intentional deception, for example, regarding the condition of the central heating boiler.
The aggrieved party may void the contract through the courts, with retroactive effect. Evidence is crucial: photographs, emails, or witness statements can be helpful. For instance, if a landlord conceals damp problems, the tenant can demonstrate that they would not have signed otherwise.
Time limit for voiding: three years from discovery. Following voidance, the tenant must vacate the property and is entitled to a refund of rent paid. Landlords must provide an accurate property description in accordance with NVM standards. Tenants should document viewings and promises in writing.
In the case of social housing, additional protection is provided under the Housing Act. To prevent escalation, first attempt to negotiate repairs. The subdistrict court handles such matters efficiently and cost-effectively. This restores balance in tenancy law and helps avoid prolonged disputes.