New rules which extend rent controls to some 90% of Dutch rental property come into effect on July 1. If you are a tenant or planning to move to a new rental home, what do the changes mean for you?
The first thing to do is to calculate how much rent your property is worth. In the Netherlands that is done on the basis of a points system. A property gets points for size, official value, amenities, luxuriousness, energy efficiency and outdoor space. You can find out the official value (WOZ waarde) of your home here.
The Huurcommissie, or rent tribunal, has a handy tool which you can use to get a rough idea about how many points your property is worth, taking the latest changes into account. The agency is still finalising the changes, which will be online from July 1.
If your property is worth 143 points or less, you should be paying no more than €880 in rent excluding service costs. If you are paying more, you are entitled to a discount. If your property is worth 144 to 186 points, it is considered to be a middle market rental. Here too a maximum rent applies.
Property worth more than 186 points is considered free sector and it is up to landlords how much they charge.
Note: the new rules only apply to new contracts unless it turns out that the property you are living in is worth less than 143 points and you are paying more than €880 in rent.
You already live in a rented house or apartment
If the property is worth 143 points or less and you are paying more than €880 in rent then you may be entitled to a lower rent. Talk first to your landlord. If your home is worth more than 143 points then you must continue to pay the rent you agreed with your landlord unless you moved in less than six months ago, in which case you can ask for a reduction.
You live in a room in a shared house or apartment
If you live in a shared home and don’t have your own front door, you fall under different rules. You can check how many points your room is worth here. If you are paying more than the maximum, take it up first with your landlord. Rooms should be rented out on individual contracts and all fall under social housing regulations.
You have just arrived in the Netherlands and you plan to rent
Make sure you are aware of your rights. Read the Stichting Woon guidelines and its summary of the rental rules, and remember, if the deal seems to good to be true, it probably is.
You sign a new rental contract on or after July 1
Your new landlord is required by law to tell you how many points your property is worth and therefore the maximum rent. Given the legislation is being implemented very quickly, landlords have until January 1, 2025 to do this.
If the property is worth up to 186 points but you are paying more than €1,157 a month, you will be able to get it reduced to the legal maximum. See below for what action to take.
Your rent is too high. What do you do now?
Firstly, talk to your landlord and ask for a rent cut. He or she may send in a formal assessment company to carry out a detailed check of the points, which will involve measuring the space you live in, how luxurious your bathroom is, the energy label and outside space.
If you cannot reach a deal with your landlord, you will need to take your case to the Huurcommissie, or rent tribunal. It will carry out its own checks of the points and the appropriate rent. Its findings are binding and you and the landlord have to stick to them. Stichting Woon has information in English about this.
You can also report your landlord to your local authority. From January 1, councils can fine landlords who do not stick to the rules but they have six months grace from July 1 to get their houses in order. Check out your local authority hotline.
How much can my landlord increase my rent by this year?
The maximum rent increase for social housing this year is 5.8%, for everything worth over 143 points, the maximum increase is 5.5%. Landlords can increase the rent once a year.
How long is a rental contract?
The government has also decided that all rental contracts should be permanent, apart from in a few special situations. This means landlords can no longer give tenants two year contracts without a very good reason, and stops them from hiking rents enormously – or telling you to leave – every time a two-year contract ends.
