The court decided that this amount should only be paid from a one-month closure period, all other times that the wellness and fitness room had to be closed for less than a month does not produce compensation. “2.50 euros per day is of course very little, but in total it is quite an amount,” says Herman.
The judge does not see the closure during the COVID period as ‘unacceptable’. But according to the residents that was certainly it. The sports hall and sauna was for private use, and the government’s closing rules did not apply at that time, says the chairman of the tenants’ association. “Vesteda has decided this itself, but it is strange that the judge will go along with it.”
Indignant landlord
In total, almost one and a half tons of residents are paid by Vesteda. At least, that’s the intention. Vesteda itself is not pleased with the judicial decision: “We have with astonishment knowledge of the judge’s ruling. It seems that the judge has based himself on his lower abdomen instead of the literal agreements in the lease agreements.”
According to the landlord, the use of the ‘Health Club’ is not part of that bare rent and it is very clear in the contract. The landlord also emphasizes the renovation in recent years to the gym and sauna, which has not been charged to the tenants. According to Vesteda, this indicates that the club is not included in the rent.
The building next to the complex has the same type of construction. There too, the fitness room would now be included in the bare rent and the ninety apartments there may also have the right to rent compensation. Vesteda: “This complex (Detroit, ed.) Even has a lower average rent per square meter than nearby Vesteda complexes without a health club.”
Appeal
Whether the residents settle for the compensation offered? “We are not completely over yet.” Possibly tenants still appeal against the amount per day or the period of one month from when compensation must be paid. It is clear to Vesteda. A spokesperson: “We appeal.”