Can the tenant ask for a reduction in the agreed rent? They are, of course, free to ask. But is the landlord obliged to grant this reduction?
Mutual consultation
A tenancy agreement is entered into under the law of contracts. The parties are free to agree on whatever terms they wish, but must do so in accordance with the law and public policy.
It is therefore primarily up to the landlord and tenant to reach a mutual agreement on an adjustment to the rent.
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A note for the tenant
The tenant will find in Article 207 of Book 7 of the Civil Code a ground for a rent reduction. This article provides that the tenant may claim a reduction in rent if their enjoyment of the tenancy is diminished due to a defect.
In addition, the tenant may invoke unforeseen circumstances. Article 258 of Book 6 of the Civil Code enables the court to terminate the tenancy agreement, either in whole or in part.
Defence by the landlord
The landlord may Article 75 of Book 6 of the Civil Code raise this as a defence. This means that he cannot be held liable for the defect because it constitutes a case of force majeure.
Incidentally, many tenancy agreements are based on the templates provided by the Council for Real Estate (ROZ). These models rule out any reduction in the rent. The tenant would then appear to have no choice but to invoke the principles of reasonableness and fairness.
Judge
If the tenant and landlord cannot reach an agreement, the matter may be taken to court. A number of judgements have now been handed down in summary proceedings, with mixed results.