How do you mediate disputes with the landlord?

In the 2026 Dutch housing market, the relationship between tenant and landlord is subject to complex regulations and high market pressure. Disputes about overdue maintenance, service costs, rent increases or the deposit are frequent. Although going to court is always an option, mediation will increasingly be used in 2026 as a faster, cheaper and less escalating method of resolving conflicts. Mediation is not about identifying a culprit, but about finding a workable solution that is acceptable to both parties.

Successfully mediating a conflict with the landlord requires a strategic approach, knowledge of your legal position and the ability to keep communication open. In this article, we'll discuss how to effectively tackle this process in 2026.

The pre-mediation phase: Preparation and fact-finding

Before the actual mediation starts, it is essential that you have your file in order. In 2026, the burden of proof will be the basis of every conversation. Mediation only works if both parties know where they stand in relation to the law.

Gather all relevant correspondence, photos of defects, rental receipts and the signed rental contract. Also check the latest legislation, such as the Good Landlord Act. A common mistake is engaging in mediation based on emotions. By presenting facts, such as a report by an independent expert on moisture problems, you force the landlord to take a serious look at your arguments.

Direct dialogue: The informal attempt

The first form of mediation is direct dialogue. In 2026, this is often an obligation before external agencies deal with the case. The aim is to resolve the dispute without the intervention of third parties.

Opt for a businesslike but constructive tone. Suggest meeting at a neutral location or schedule a digital meeting. Use the “me message”: instead of “You'll never repair the resume,” say “I'm experiencing discomfort because the heating hasn't been working for two weeks, and I'd like to agree a time frame for recovery together.” In 2026, we see that landlords, often afraid of stricter enforcement by municipalities, are more willing to compromise if the tenant shows that he wants to contribute constructively.

Deployment of independent mediation agencies

When the direct dialogue stalls, it is time to call in a professional mediator. In 2026, there will be various authorities in the Netherlands that specialize in real estate disputes.

• The Legal Counter: For lower-income tenants, the Legal Counter often offers free advice and mediation in 2026. As a neutral intermediary, they can send a letter that reminds the landlord of the legal frameworks.
• Rental teams: Many municipalities have specialized Rental Teams that come on site to mediate disputes about maintenance or excessive rents. Their reporting is often the decisive factor in a mediation process.
• Professional Mediators: For disputes in the free sector, an authorized MFN registered mediator can be called in. Although there are costs involved, this is still considerably cheaper than a full court case in 2026.

The role of the rental committee as mediator

Although the Rental Commission is often seen as a “judge” for the rental sector, it also increasingly acts as a mediator in 2026 via the so-called “hearing without a ruling” method.

As soon as proceedings are started before the Rent Committee, a rapporteur is instructed to inspect the home. In many cases, during the visit, the rapporteur suggests solving the case on the spot. If the landlord sees that the rapporteur acknowledges the defect, he is willing to promise a repair immediately. In 2026, this “forced mediation” will be one of the most effective ways to get slow landlords moving without the need for a formal verdict.

Legal escalation as a means of pressure in mediation

Successful mediation in 2026 is often based on the knowledge that there is a legal alternative (the BATNA - Best Alternative To a Negotiated Agreement). You mediate more effectively if you hint that you are willing to go to the subdistrict court.

This does not mean that you have to threaten, but that you are clear about the next steps. “I prefer this mediation to keep the relationship good, but if we don't work it out today, I'll ask my legal expenses insurance to start substantive proceedings.” The threat of court orders and the publication of judgments in 2026 means that landlords take mediation more seriously. A good mediator will inform both parties of the risks and costs of going to court, paving the way for a settlement.

Recording the agreements: The settlement agreement

Mediation is only successful if the results are legally binding. In 2026, a verbal commitment from the landlord is no longer sufficient.

Request a settlement agreement. It states exactly what has been agreed, who is taking what action and what the deadline is. If the mediation involves a rent reduction due to defects, the new price and commencement date must be in black and white. By formalizing the agreements, you prevent the landlord from returning to the agreements made after one month and you will be legally covered in 2026, should the appointment still not be fulfilled.

Mediating disputes with your landlord is a process of balancing assertiveness and diplomacy. In 2026, the law offers more support to tenants than ever, but personal dialogue remains the fastest path to an improved living situation.