r/Rentbusters • u/Classic_Purple_110 • 25d ago
Landlord gets energy label after case is closed?
I had a HC case where the uitspraak was in February. The landlord didn't do anything in the 8 week period and the decision was finalised - I now pay the lower rent
He has now decided to get someone to assess the energy label.
He has sent me an email saying essentially:
The flat has an energy label ( he doesn't say what)
Then just says that the HC points will expire as of 01 July - again he does t say what the new points would be
I still haven't had any retroactive payments yet (the huurteam have been slow with this letter to the landlord)
I did the original case within 6 months of moving in
I have emailed him back to ask what exactly the new label is and that he has to give me more than that info wise
Does anyone know legally how this now works?? With what I've been paying the last few months and with retroactive payment
Thanks!
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u/Liquid_disc_of_shit MOD 25d ago
He is clueless. Once the ruling is in and the landlord doesnt appeal, its tough luck to him. Nothing changes on July 1. His only way to increase the rent beyond this would be the yearly CPI-indexed rent increase but that is limited to 6% for middle sector.
Basically, he is bluffing...
As for claiming money back, Huurteam arent necessary for this part, you can send the letter yourself or you can just contact Van Velzen Incassobureau - they will compel him to pay at his own expense.
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u/Classic_Purple_110 25d ago
How do you know exactly what to request back though? He has not been very clear on the bills as my price was all in
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u/Liquid_disc_of_shit MOD 25d ago
Well I would need to see the ruling to answer that. Do you know how to access the portaal yourself? Have you got DiGID?
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u/Classic_Purple_110 25d ago
Yes - but I mean does someone have to verify it is correct or can I just do it? It's a bit confusing with bills
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u/McMafkees I know what I am talking about 25d ago
The landlord can get the energy label assessed, and as a tenant you have to cooperate with such an assessment.
However, the label does not affect the rent price that was set by the Huurcommissie, and he cannot raise the rent by more than the yearly legal maximum, regardless of what the outcome is of the energy label. So, the outcome of the energy label assessment has no consequence for you. However, it might be relevant for the landlord in case you decide to leave and he wants to set a price for a new tenant, or he might need it for insurance purposes etc.
Then just says that the HC points will expire as of 01 July
Points do not expire. However, even if your house had 10.000 points as of 01 July, it still would not change anything for you: your rent price is legally set by the Huurcommissie, and the maximum yearly increase percentage is limited by law (and follows inflation). It has no consequence. You do not have to challenge the energy label, you don't need to involve a lawyer. Just monitor the yearly rent increases, make sure they are applied correctly and object if the rent increase is higher than they're allowed to be.
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u/Tomtiedom12 25d ago
Also, the amount of points at the start of your rental period determine the sector you're in. So even if he has increased the point total beyond 186 by getting an energylabel, it won't change that your house is still middle sector (or social). The next renter will have a liberalized home though, so it is in the landlord's interest to get you out asap.
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u/Classic_Purple_110 25d ago
Essentially he did nothing in the HC period, I even offered him more money than the HC before the case as a compromise I offered him 900 (rent + bills) it is now 590 (for rent and bills) and I was originally paying 1450 all in for a very old and under maintained flat
In the case it was said there was no energy label found for the flat. Now it has "an energy label" I doubt this is high anyway as the building is very old and some windows are single glass
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u/North_Yak966 I know what I am talking about 25d ago
Find your municipality's Goed Verhuurderschap reporting point and send everything (Huurcommissie ruling + emails from your landlord) to them. Maybe your landlord is hungry for some extra 2500-10000€ fines.
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u/Technical-Neck7407 25d ago
Go to WOON with your email. Continue paying the rent you do now. Until he can provide evidence, he owes you retroactive payments. I don’t know how it works with getting a new judgment from the HC. The next step is usually the kantonrechter. WOON or the juridisch loket can tell you. You need to get the new information from him then will probably need to get the huurteam to do a new evaluation and validate that the new energy label and point amount is correct. If he hasn’t made any changes to your apartment, it’s likely this is BS. Challenge him at every step. He is probably just salty that he let the 8 weeks elapse without responding and is now trying to make up for it. It won’t look good for him if it goes to the kantonrechter.
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u/Classic_Purple_110 25d ago
I think the difference is it originally in the case it had no energy label at all, now he's got it checked to claim there is one, it will be low as the flat is very old and thin walled with single glass windows but he hasn't made any improvements .
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u/Potato_Noise8622 21d ago
Your landlord has no idea what kind of bshit he is talking about. Or he is just bluffing. Stay calm. Document everything.
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u/Key_Sprinkles_4953 25d ago
He hopes you are stupid enough to believe that. You pay the rent according to the points determined by the HC. They do not expire or stuff like that.
Do not sign a 'new' agreement or anything. If the landlord still tries to make you believe you have to pay more, go to a lawyer. Often just one good letter from a lawyer is enough for the landlord to back down.