When is mediation mandatory in rental matters

Mediation is not always mandatory in tenancy law, but it is in specific situations. For rent increases exceeding the standard, the landlord must first offer mediation or a Rent Tribunal procedure (art. 7:247 DCC). Disputes over service charges or indexation also require an attempt at amicable settlement before approaching the court. In eviction proceedings due to non-payment, there is a duty to hear and allow improvement, which may include mediation. The Quality of Rental Disputes Act provides that courts may order mediation. Advantages of mandatory mediation: it prevents unnecessary proceedings and encourages consultation. Non-compliance risks dismissal of the claim. Examples: a tenant complains about leaks, the landlord about nuisance – mediation is often the first step. Choose a mediator from the register of the Netherlands Mediation Institute. If mediation fails, a proces-verbal follows with proof of the attempt. Tenants can obtain free legal assistance via the Legal Counter. In summary: the obligation depends on the type of dispute, but it always pays off for quick solutions.