Poor tenant conduct and the tenancy regime in B&B lettings
B&B operator loses on both fronts after years of nuisance
A landlord seeks rescission of the lease with RS&V (Relaxed Apartments), a B&B operator that has rented a property in Noord-Holland since 2017 for €3,139.24 per month excluding VAT. RS&V operated the B&B entirely from a distance, without a manager on site. The subdistrict court finds for the landlord on all fronts.
The nuisance was concrete and structural. Guests who could not enter the access code for the rear gate rang the neighbour's doorbell or approached the landlord directly. The person in effective control of RS&V was regularly abroad; although, according to RS&V, a cleaner and a maintenance worker were regularly present at the property, there was no manager who could intervene on site when nuisance arose. The neighbour stated that the nuisance had persisted for years.
RS&V argued that guests could reach the person in effective control by telephone 24/7 and that nine out of ten guests entered without any problems. The subdistrict court was not persuaded: the nuisance was structural and serious in nature, RS&V had been aware of it for a considerable time and had had ample opportunity to intervene.
No on-site management leads to rescission — no reception leads to Section 7:230a DCC
Under Section 7:213 DCC, a tenant must conduct itself as a good tenant — including in relation to the surroundings, where the nuisance originates in the tenancy. RS&V had no local representative who could prevent or immediately resolve the nuisance caused by guests. The subdistrict court rescinds the lease and orders RS&V to vacate within fourteen days of service, including transfer of the environmental permit for operating the B&B. However, the subdistrict court dismisses the landlord's claim for continued payment of rent until February 2027: because the landlord itself intended to operate the B&B, there was no loss from missed rent instalments.
By way of counterclaim, RS&V sought a relocation and fitting-out costs allowance of €107,000 under Section 7:297 DCC. That provision applies only to Section 7:290 business premises — the protected category for retail and hospitality — but only where premises accessible to the public are present.
RS&V's B&B had no reception, no breakfast room and no freely accessible space. Guests could only enter using a code they received after booking. The subdistrict court therefore qualifies the leased property as Section 7:230a business premises. Section 7:297 DCC does not apply to it. The claim for €107,000 is dismissed in its entirety.
What does this mean for B&B operators and landlords of short-stay properties?
For landlords, this judgment confirms that the court looks beyond timely payment of rent: the way in which the operation is organised can constitute an independent ground for rescission. Crucial here was that the landlord had built up a file — written complaints, formal demands and statements from neighbours. Without that file, the structural nuisance would probably not have been demonstrable.
For B&B operators and short-stay tenants, the greatest risk lies in the qualification of the tenancy regime. The heading of the lease — which here expressly stated '7:290 DCC' — is not decisive; the actual layout of the leased property is. Anyone who believes they are protected by Section 7:290 DCC but has no premises accessible to the public is left without a safety net on termination — regardless of what the contract says. Operators who let their B&B function solely by means of an access code must realise that they cannot claim a relocation allowance. And anyone wishing to arrange on-site management that does meet the standard of Section 7:213 DCC should think of a contactable manager on site who can intervene immediately in the event of incidents — not merely a telephone contact line.
Frequently asked questions
When does a B&B fall under Section 7:290 DCC rather than Section 7:230a DCC?
A B&B falls under Section 7:290 DCC if premises accessible to the public are present — think of a reception or restaurant area that is also accessible to non-guests. If the B&B has no publicly accessible space and guests are welcome only after booking by means of a code, the leased property qualifies as Section 7:230a business premises and no strong tenancy protection applies.
What is a failure to behave as a good tenant, and when does it justify rescission?
Under Section 7:213 DCC, a tenant must conduct itself as a good tenant, including in the surroundings of the leased property. Structural nuisance caused by guests — without the tenant intervening while having the opportunity to do so — constitutes a failure to perform that justifies rescission. Isolated incidents are generally insufficient; a pattern of serious and persistent nuisance is.
Is a tenant of Section 7:230a business premises entitled to a relocation allowance?
No. The relocation and fitting-out costs allowance under Section 7:297 DCC applies only to Section 7:290 business premises. Tenants of Section 7:230a business premises — such as short-stay apartments, studios or storage units — cannot claim this allowance on termination of the lease, not even on rescission for non-performance.
ECLI:NL:RBNHO:2026:1502, Noord-Holland District Court (subdistrict court), 4 February 2026
Cited case law
District Courts: ECLI:NL:RBNHO:2026:1502
See also
- Rental and lease law
- Court of appeal grants substitute authorisation for a B&B in a privately owned section
- Storage or shop? Court of appeal confirms the 7:230a regime for a car showroom
- Landlord sets off labour hours against the security deposit
- Real Estate & Construction — more on this practice area