The difference between the old and the new rent act

The difference between the old and the new rent act

The difference between the old and the new rent act - Digura.dk

On 01.07.15, a new rent act came into force. What new rules have come and what does this mean for you as a tenant? In this article we will teach you about new vs. old rent act. 

Type form

The first ting you will meet in your tenancy is the lease. The old type form was A8 and the new is A9. Thus the type form to be used in tenancys after 1 July 2015 is A9. 

But what does that mean for you as a tenant? If the landlord uses the wrong type form, it can have a big impact on your legal position in the tenancy. The fact is that if the landlord uses an incorrect type form, certain terms in the lease will be invalid. The terms that will become invalid are terms that deviate from the rules of the rent act. The entire tenancy will not be invalid. You still have the right to rent the tenancy. When a condition becomes invalid, it has the legal effect that it is the rent act that applies. This means that the rules in the law apply instead of the term stipulated in the lease.

Example: In the lease is it agreed that the tenant has the internal maintenance obligation. The staring point in the rent act is that the landlord has the entire maintenance obligation. As the condition deviates from the rent act, the condition will be invalid and the rules in the rent act apply. Therefore the landlors has the internal maintenance. 

Moving in inspection and moving out inspection

In the old rent act it was optional if the landlord should conduct a moving in inspection and moving out inspection. This has changed. The new rent act distinguishes between amateur landlords and professional landlords. If the landlord rents out more than one tenancy, he is a professional landlord. Following the change in the rent act, professional landlords must conduct both moving in and moving out inspections.

What does it mean to you as a tenant?
This means that in the new vs. the old rent act, in the new it is more difficult to cheat, as the condition of the tenancy is ascertained both when moving in and moving out, and the landlord can hardly make unreasonable demands. In addition, the landlord may completely lose the right to claim the repair costs covered by you if no timely entry or eviction inspection is conducted. This means that you are not liable for repairs when moving out. However, you are still liable for violation in the tenancy. 

You may also like: Move-in inspection and move-in report 

Renovation of the tenancy

Before the change in the rent act, the landlord could demand that the tenancy was renovated as new before moving out. After the change in the tenancy law, the landlord can only demand renovation as normal. Normal repair is whitewashing, painting and wallpapering of walls and ceilings as well as sanding and varnishing of floors.

What does it mean to you as a tenant?
This means that you can never be required to put the rented in better condition than the condition in which you took over the tenancy. As a tenant, you are only liable for the repair of the part of the rented for which you bear the maintenance obligation. This will typically be the interior maintenance. However, § 11 of the lease may impose a wider maintenance obligation. You must be aware of this when entering into a lease agreement.

Why should you get help from DIGURA?

Every month, we help thousands of tenants both via our membership solution and our case processing. When we process the cases, we achieve a positive result for the tenants in 98% of the cases. We are here to help you who are potentially being deceived by your landlord, and you who actually want to keep the money you are entitled to.

Rent increase

Prior to the change in the rent act, it was permitted that a so-called stair tenancy clause had been agreed in the tenancy agreement. However, this was abolished with the new rent act. Thus, after 1th of July 2015 it is not permitted to regulate the rent according to the stair rental principle. 

But what is a staircase clause? It is a condition in your lease that increases your rent by a certain amount or a certain percentage each year. Such a condition will be found in § 11 of your lease.

What does it mean to you as a tenant?
If your lease is from before 01.07.2015, the stair lease clause still applies. The rules thus only apply to leases entered into before the new rent act came into force. If your lease has been entered into after the new rent act came into force, and a stair lease clause has been agreed, this is thus invalid. If you have paid too much in rent as a result of a stair rental clause, you can claim the overpaid refund.

You may also like: The landlords’ right to increase your rent in Denmark 

Termination

Before the new rent act, it was really difficult for landlords to terminate tenants. It still is, because the landlord must have a valid reason for the termination. A valid reason may, for example, be that the landlord wants to live in the rented property himself. If the landlord wishes to terminate the tenant, there must be a notice of one year. The tenant thus has good opportunities to find another tenancy before the tenant has to move out.

However, you must be aware that the landlord can also terminate/cancel the rental agreement if you violate the tenancy. 

Holiday home/summer cottage/second home

Until the change in the rent act, summer cottages and holiday homes was covered by the tenancy law. However, they are are no longer covered by the rules of the rent act.

Digital communication

Since 2015, the rules of digital communication have also changed. The changes only had an effect on leases entered into after 1st of January 2018. From 1st of January 2019, the rules apply in all leases. It is a requirement that the landlord in an older tenancy informs the tenant that the rules of digital communication now apply in the tenancy.

What does this mean for you as a tenant?
This means that you can communicate with your landlord via digital media such as e-mail, text messages etc. However, there are certain topics that can not be communicated via digital communication. This is for example if the landlord wants to terminate your tenancy. This must still be done by letter/post.

Get legal advice and avoid being deceived

New vs. old rent act can be very complicated as a tenant. The above is to be seen as a general guidance and not as downright legal advice. We always recommend that you contact us to ensure that you get the proper necessary legal advice that is relevant for your specific case.

You can get help with new vs. old rent act but also any other matters you may have. Unfortunately, we see many tenants that are being deceived. Often, they miss out on a lot of money – anything from a couple thousands to 30-40,000 kroner. Imagine what else you could spend the money on.

Let us help you

At DIGURA we are always available and easy to reach, you have your own legal advisor, and best of all you only pay if we win your case. Therefore, it is risk free for you to get help from us.

We have achieved a positive result for tenants in 98% of all the cases that we have processed. We have a 9,3 score on Trustpilot, 5 star rating on Facebook, and we have helped more than 1000 tenants. We really want to help you too.

If you are unsure about anything in the article, our team is ready to help in the chat. You can find the chat in the bottom right corner.

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