Risks and Pitfalls in Mutual Consent Termination

Mutual consent offers advantages but harbours risks. A common pitfall is the lack of written documentation, leading to denial of agreements (Article 7:210 DCC). Tenants risk homelessness if the landlord withdraws, without judicial intervention. Landlords may be liable for double rent if the property is not vacated. Exercising pressure renders the agreement null and void, as ruled in recent cases. Check for ongoing subsidies or benefits; termination may affect them. For social housing, stricter Huurcommissie review applies. Avoid oral promises regarding repairs or deposit refund. Legal tip: include a revocation clause for a 14-day cooling-off period. In case of non-performance, Article 6:74 DCC provides for dissolution. Practice: tenants often prevail if pressure is proven. Document everything with emails and photos. Professional advice minimises risks and effectively protects both parties.