When can you rely on the Rental Committee?
Do you disagree with your landlord or tenant about the rent or the maintenance of your house? Then you may rely on the Rental Committee to rule on your problem.
What houses does it regard?
The Rental Committee handles disputes about tenancy agreements that regard a use that is, due to its nature, of long term.
When can you rely on the Rental Committee?
In the following situations tenants and landlords may institute proceedings before the Rental Committee. It is however, recommended to first try to reach an mutual agreement, before you submit an application.
Landlords
› Your tenant objected to the rent increase proposed by you
› Your tenant wants a rent reduction and you want to know what you should do
› You want to increase the rent after improvement of the house
› Your tenant disagrees with the annual settlement of service charges and utilities
› You want to split your all-in rent into basic rent and service charges
How do you submit an application?
Submitting an application
If you do not agree with your tenant or landlord about rent, maintenance and service charges, then you may institute proceedings before the Rental Committee. You do this by submitting an application.
Applications
You institute proceedings by submitting a form (application) to the Rental Committee. There is a separate application for all proceedings. There are also separate applications for tenants and landlords. Sometimes you need to send documents with the application. If this is the case, then this is mentioned on the application.
Please note: most of the applications must be submitted before a certain date or within a certain period. This is mentioned on the application. If you are too late or too early, then the Rental Committee cannot process your application.
Confirmation of receipt
When the Rental Committee has received and recorded your application, you receive a confirmation of receipt by letter. The confirmation of receipt contains, among others, the case number and the contact details of the Rental Committee. If documents are still missing, then this is also mentioned in the letter. You should send these as soon as possible. This can be done by letter. The Rental Committee also sends a confirmation of receipt to the other party, with a copy of your application.
What happens with the application?
When all documents are completed, the Rental Committee further processes your application. You receive information about the proceedings by letter. The handling of the case takes a number of weeks.
Changes during the proceedings
It is important that the Rental Committee has the correct name and address details of the tenant and the landlord. Hence, always communicate changes like a move or other changes to the Rental Committee as soon as possible by letter.
Course of the proceedings
Collecting information
Depending on the type of application that was submitted, the Rental Committee collects information. This can be done through a survey at the house or by checking if the landlord charged the correct amounts for (services) charges.
Survey at the house
If a survey takes place at the house, then both parties receive a letter two weeks in advance. This letter contains the date and the time when the surveyor of the Rental Committee visits.
Hearing
The tenant and the landlord are both invited to a hearing of the Rental Committee. During the hearing they can react to the report. You can find more information about this on the page about the hearing.
Ruling
After the hearing, the Rental Committee reaches a decision in the case. This takes place without the landlord and the tenant. The Rental Committee sends the ruling to both parties by post, usually within three weeks after the preparatory survey.
Do not agree with the ruling
The ruling of the Rental Committee has binding effect. Do you not agree with the ruling of the Rental Committee? Then you can institute proceedings before the Court in the First Instance of Bonaire, St. Eustatius and Saba. You should do this within six weeks after the Rental Committee has sent the ruling.
Ruling of the President
Occasionally, the Rental Committee does not conduct a survey or does not hold a hearing. The President of the Rental Committee then issues a ruling. You receive the ruling of the President by post. If you do not agree with the ruling of the President of the Rental Committee, then you can object (file objections) within six weeks. The Rental Committee then assesses your objection and may decide to handle the case again.
Please note: You can personally ensure that the proceedings before the Rental Committee proceed smoothly. This can be done by:
- sending all the information that the Rental Committee requires expeditiously in order that the dossier is complete. The application mentions the required information;
- being present during the survey at the house;
- being present during the hearing;
- communicating changes in contact details (address / telephone number) in a timely matter.