The six, together with around five hundred other students, were supposed to move into a studio in the brand-new student housing complex on Duboisdomein in early January 2024, but heard just two weeks before the scheduled completion date that this was not possible for the time being. As a result, the students faced unexpected costs, became clear during the hearing of the case last month. The six students demanded compensation from ECM Development, owner of the complex.
The latter in turn pointed the finger at contractor Hurks, which concealed construction errors – which led to a leakage problem rendering the building uninhabitable – for a long time, meaning the owner also did not know about the delay until the last moment. It was “unwise” of the students to give up their old accommodation, lawyer Huib Hielkema argued on behalf of ECM, citing a clause in their rental agreements stating that the start date would be postponed “if the rented property is unavailable due to not being completed on time”
The judge did not agree with this reasoning. Although delays are not unusual in new construction projects, the students did not have to reckon with this news coming in the last month before completion. After all, ECM assured that the building would be completed on time and there was a one-month notice period in the contract. “Especially since these are students”, the judgment states, they could not be expected to take the risk of having to pay rent for two places at once in January.
The compensation ECM has to pay the students varies between 200 and over 1,200 euros, depending on the situation: where some could temporarily stay with family or friends, others moved to unfurnished accommodation without a rent allowance. The compensation included a difference in rent until 1 June (the final completion date of the campus), the purchase of furniture, registration fees for housing search sites and costs for storing belongings. The judge did not go along with the claim for immaterial damages due to stress.
Lawyer Xavier Stassen, who assisted the students, says he is relieved that they have been compensated. According to Stassen, the students felt let down by everyone: not only the contractor and ECM, but also the university and the municipality showed hardly any commitment when the students “almost became homeless”.
Whether the nearly five hundred other students affected by the delay also stand a chance of compensation if they take ECM to court, Stassen cannot say for sure. “But it is certainly worth trying, after all, this ruling sets a precedent.” A potential precedent was previously a reason for ECM not to want to dismiss the case with a settlement and to hope for a ruling favourable to the company.