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The information Remains In Dutch Only

Both social and private (non-subsidised) housing can be leased in the Netherlands. Rules use to both the occupant and the proprietor. They cover security of period, lease, rent increases, maintenance, service fee, and so on. Social housing occupants on low earnings are entitled to housing benefit if their rent is fairly high.

– Looking for housing benefit
– Involving the Rent Tribunal
– Search decisions of the Rent Tribunal
– Step-by-step prepare for renters

Social housing

Approximately 75% of the 3 million rental homes in the Netherlands belong to housing associations. These associations are responsible to name a few things for letting social housing, specified as homes for which the preliminary monthly rent is under the then lease limit for liberalised tenancy contracts (economic sector) (in Dutch). The current limit (2024) is EUR 879.66, for occupancy agreements that begin in 2024. Each year, housing associations need to let 92.5% of their uninhabited social housing to individuals with an earnings of up to EUR 47,699 (one-person home) or EUR 52,671 (multi-person household) and no greater than 7.5% to individuals with higher earnings than EUR 47,699 and EUR 52,671 respectively (2024 ). In some regions the housing scarcity is expensive for a 7.5% complimentary allowance to suffice. In that case are housing associations permitted to concur to an in your area greater percentage of totally free allotment with the municipality and tenant’s association, up to a maximum of 15%.

Tenancy agreements

Houses are let subject to a tenancy contract. The contract sets out the conditions agreed by the tenant and property owner. It specifies how high the rent is and whether the occupancy is for a fixed or an indefinite duration. It needs to include:

– the date on which the rent will be increased each year;
– maintenance agreements;
– house guidelines;
– the renter’s and the proprietor’s signatures.

Written or oral agreements

An occupancy contract does not need to be in composing. An oral arrangement is also legitimate but is more tough to prove. Since 1 July 2023 landlords are expected to get in entirely into a written tenancy agreement.

Fixed-period or indefinite tenancy arrangement

An occupancy agreement is for either a fixed or an indefinite duration. An arrangement for a fixed duration consists of a last date. Do you have a fixed-period occupancy agreement of approximately 2 years (for a self-contained residence; like a home or apartment) or up to 5 years (for a not self-contained house; like a room)? If the arrangement was entered into on or after 1 July 2016, your tenancy will end immediately on the final date specified in the contract. The proprietor needs to confirm this in composing at least 1 month – however no more than 3 months – before the occupancy ends. As an occupant, you can also end your tenancy before the final date.

Do you have a fixed-period tenancy arrangement of more than 2 years (for a self-contained dwelling) or 5 years (for a not self-contained home)? Or do you have a fixed-period tenancy agreement that was participated in before 1 July 2016? This is not a momentary agreement that ends automatically on the final date. The agreement can not be ended before the last date unless both the renter and the landlord concur. Both the renter and the property manager need to terminate the arrangement by of a written notice sent out by registered post.

For information on other short-term rented housing options, see Rijksoverheid.nl (in Dutch).

Tenancy contract in the economic sector

Tenancy contracts in the more pricey personal housing sector have actually been liberalized (in regards to rent); the tenant and the landlord have more liberty to concur the rent and services supplied. Tenancy contracts that have actually a liberalized rent are arrangements with a preliminary regular monthly rent above the then lease limitation for liberalised tenancy arrangements (private sector) (in Dutch). The current limit (2024) is EUR 879.66, for tenancy arrangements that start in 2024.

The rental value of the residential or commercial property is not based on a points system and there is no maximum lease. Only self-contained housing can be rented under such an agreement. Housing that is not self-contained (such as a space in a house) can not, and has a maximum rent based upon a points system.

Until 1 May 2029 the yearly lease boost is limited by law. The maximum rent increase is inflation + 1%, or (as off 2023) wage advancement + 1% when the wage advancement is lower than the inflation. In 2023 the optimum lease increase was 4.1% (3.1% wage advancement + 1%). In 2024 the optimum lease increase is 5.5% (4.5% inflation + 1%).

As off the 1st of July 2022 this optimum lease boost uses likewise to berthes for housing boats.

The renter can submit a possible conflict with the property manager about the quantity of the lease increase to The Rent Tribunal (Huurcommissie).

Rent ceiling

If the tenancy contract does not have actually a liberalized rent, the rent payable for leased housing goes through a ceiling. The maximum rent depends upon the quality of the housing. You can work out the optimum lease for your home utilizing the rent points system (in Dutch).

Housing benefit

If you invest a big percentage of your earnings on lease, you may be eligible for rent benefit. You can apply to the Tax and Customs Administration.

Maintenance guidelines

The tenant and proprietor have their own duties to maintain, repair and replace parts of the rented lodging.

In basic:

– the occupant pays for small repair work and the landlord for significant repairs and maintenance;
– the occupant should have easy access to make minor repair work and the repair work must not be costly. Otherwise, the landlord needs to spend for them;
– the occupant must allow the property owner to get in the accommodation to perform upkeep or repair work.

Complaints about property managers

Complaints need to be sent to the property manager. If a problem can not be solved sufficiently, occupants can send it to the property owner’s grievances committee. Most housing associations running in the social housing sector and some personal housing organisations have a complaints committee.

When a problem isn’t solved, it ends up being a dispute. Disputes can be brought before the Rent Tribunal (in Dutch: Huurcommissie). Disputes about lease levels, maintenance or service fee can be submitted to the Rent Tribunal (Huurcommissie).

Rent Tribunal (Huurcommissie)

The Rent Tribunal (Huurcommissie) is a national, independent and neutral firm which can adjudicate on disagreements in between occupants and landlords about lease levels, maintenance and service charges.

The Rent Tribunal (Huurcommissie) is an ADR: an Alternative, out of court, Dispute Resolution service. It provides info and arbitrage. It just handles disputes about rental housing (( self-contained and shared lodgings, like rooms). It does not handle problem, housing advantage and business/office accommodation.

Do you wish to know what the maximum rent for a rented accommodation is? Then run the Rent Check.

Rent Check self-contained lodgings
Rent Check shared lodgings

Proceedings

If a renter and a proprietor have a disagreement that they can not solve themselves, they can begin proceedings at the Rent Tribunal (Huurcommissie). This costs for many procedures EUR25 for a personal individual and EUR500 for a business or organisation (legal entity).

Tenants can start proceedings on the following matters:

– Rent charged under a brand-new tenancy contract
– Rent increases after improvements/renovation
– Rent reduces due to defective upkeep
– Rent reduces under the rent points system
– Annual settlements of service charges
– Advances of service charges
– Annual rent increases
– The separation of all-in lease into a basic lease and service fee

Landlords can begin procedures on:

– Maintenance defects that have actually been repaired
– Rent increases after improvements/renovation
– Annual settlements of service charges
– Annual rent increases

Information about these proceedings is available on the site of the Rent Tribunal (Huurcommissie). The info is in Dutch only.

More details on the Rent Tribunal and its procedures

For more info on the Rent Tribunal and its procedures go to the huurcommissie.nl site. It is permitted to bring an interpreter or consultant to hearings of the Rent Tribunal (Huurcommissie).

Information and assistance can likewise be acquired from, for instance, regional huurteams, which can encourage on lease levels (in e.g. Amsterdam, Rotterdam, Utrecht, The Hague and Nijmegen) or the Juridisch Loket, which offers totally free legal suggestions to individuals on low incomes.