r/Rentbusters • u/No-Physics-209 • 1d ago
Enforcement Decision Appealed (by other party) Delayed
The Gemeente issued an enforcement decision against my landlord on July 20, issuing a penalty payment ("dwangsom") if the landlord didn't comply within 6 weeks.
Since my landlord didn't comply by the deadline (Aug 31) in the decision, I contacted the Gemeente. After 2 weeks (Sept 14), the Gemeente replied that the landlord had appealed the decision on August 17 and said the following: "Wij schorten het handhavingstraject op er op dit bezwaar wordt beslist". They also said that a different department would handle the appeal and would contact me. I contacted the different department and they said they're still waiting for a jurist to take the appeal due to their backlog.
I have 3 questions:
- Can I do anything to speed up the objection process and possibly put the Gemeente in default as an interested party? I know that my landlord could put the Gemeente in default if the appeals takes longer than the 6-week response deadline (12 weeks if the Gemeente extends it), but I'm not sure if I have similar recourse to force a decision on the objection.
- Is the Gemeente correct to suspend the enforcement decision pending the objection? The enforcement decision itself said that filing an objection does not have a suspensive effect ("Indienen van een bezwaarschrift heeft geen schorsende werking"). Thus, it seems like they don't have to pause enforcement i.e. collecting the penalty payment, but I might be misunderstanding the legal rules.
- Can I use article 5:37 Awb to request the Gemeente to collect the penalty payment from my landlord?







