In The Netherlands most landlords have prepared themselves for the implications of the new Dutch Social Support Act (WMO*), executed by municipalities. The new WMO states that municipalities and tenants no longer need the permission of the owner for home modifications. Another fact: When the tenant leaves, he or she does not have to undo the modifications. How do you prepare for this as a landlord? BRIQS advocates a generous facilitation of the needs of tenants. For one, the need for customized homes will only increase in the years to come. Secondly, from January 1, 2015 the new Social Support Act (WMO) is now a fact. For the longer term BRIQS has a better solution. A solution that gives tenants and building owners maximum freedom and control over what is important and valuable to them.
Does the new WMO put owners offside?
The Dutch government is not the only one who needs to cut cost in healthcare. Supporting people in their independence by modifying their homes instead of moving them to expensive facilities, is one of the measures taken. A logical and commendable idea which, I am sure, landlords are willing to support. As long it does not negatively affect the value of their equity. Article 16 of the old Housing Act gave them this freedom. Article 16 stated that the owner arranges the needed facilities himself, funded through the ‘old WMO’. But – BEWARE – this article is repealed on January 1, 2015. Instead we got Article 2.3.7 of the new WMO, executed by municipalities, that does not seem very advantageous for landlords. See for yourself:
Paragraph 1: When the municipality grants the modification, then the municipality or the tenant may realize it without the consent of the owner of the building.
Paragraph 2: Before realizing the modification, the municipality provides the owner with the opportunity to give his opinion (“hear”) on the home modification.
Paragraph 3: The municipality or tenant is not required to undo the home modification after the lease is terminated.
Litigation creates delay
Judicially there is a lot more to say about this matter**. I limit myself to saying that landlords can contest both the necessity and the execution of the facility in an administrative procedure (objection, appeal to the court and on appeal). For applicants and landlords alike I sincerely hope that a strong business policy and a good relationship with the municipality can prevent such litigation. We all have better things to do with our time and money. And for the applicant, delay can still put him in a home, because living independently is no longer possible without the needed facility.
The long-term solution is simple
We can avoid this whole legal mess by making a division in base building and fit-out. The owner is responsible and authorized for matters concerning the base building. Tenants are responsible and authorized for the complete fit-out. All extra facilities the tenant wants to add to his home so he can continue living there over time, are his responsibility. Even when he terminates the lease.
What opportunities do you see within new Dutch law (WMO)?
We are interested in your ideas about and, possibly, experiences with the ‘old WMO’ social support and the preparations for the new one? How do you give tenants the freedom to modify their homes to changing needs and wishes without previous permission granted from the base building owner?
Take the next step and share your experiences
Do you want to take a next step? Come to the FREE* Masterclass. We will work with practical tools to instantly implement the actions of my ebook in your organizational, fiscal or financial projects and organization.
Join the conversation
Do you know how to build that new way and what you need? Do you see opportunities for influencing the position of owners and tenants favorably. Share it in the comments below.
To your health and wellbeing,
Remko Zuidema
* Wet Maatschappelijke Ondersteuning (WMO)
** Matthijs Niermeijer wrote an article in Dutch language about it on the website of Pharos Lawyers. And confirms that the law is not adjusted before implementation.
