Void clauses in lease agreements can have far-reaching consequences for the validity of the entire lease. According to Article 6:248(2) of the Dutch Civil Code (BW), the contract remains in force, unless the nullity affects the essence of the agreement. This means that only the specific clause lapses, while the rest remains valid. However, with multiple void clauses, a court may declare the entire contract void, especially if it is composed in an unbalanced manner to the detriment of the tenant.
In practice, this often leads to disputes. A landlord who applies a void service costs clause must repay the overpaid amounts with interest. Tenants can demand annulment via the Rent Tribunal or the district court. It is important to take timely action: nullity does not prescribe, but claims for repayment do after five years. Example: a clause that sets deposit amounts above the statutory limit is struck out without dissolving the contract. Landlords must screen contracts for nullity to avoid fines or claims. Tenants often win cases if clauses conflict with the Housing Act (Whw), such as prohibitions on subletting without permission. Always consult a lawyer for specific cases. (198 words)