Rented housing
Both social and private (non-subsidised) housing can be rented in the Netherlands. Rules apply to both the tenant and the housing association or landlord. They cover security of tenure, rent, rent increases, maintenance, service charges, etc. Social housing tenants on low incomes are entitled to housing benefit if their rent is relatively high.
Tenancy agreements
Houses are let subject to a tenancy agreement. The agreement sets out the terms and conditions agreed by the tenant and the the housing association or landlord. It states how high the rent is and whether the tenancy is for a fixed or an indefinite period. It must include:
- the date on which the rent will be increased each year;
- maintenance agreements;
- house rules;
- the tenant’s and the landlord’s signatures.
- Written or oral agreements
A tenancy agreement does not need to be in writing. An oral agreement is also valid but is more difficult to prove. You should take a witness with you if you want to conclude an oral agreement. It’s highly advised to have a written agreement in place and have this agreement checked before you sign the contract!
Fixed-period or indefinite tenancy agreement
A tenancy agreement is for either a fixed or an indefinite period. An agreement for a fixed period includes a final date. Do you have a fixed-period tenancy agreement of up to 2 years (for an independent dwelling) or up to 5 years (for a non-independent dwelling)? If the agreement was entered into on or after 1 July 2016, your tenancy will end automatically on the final date specified in the contract. The landlord must confirm this in writing at least 1 month – but no more than 3 months – before the tenancy ends. As a tenant, you can also terminate your tenancy before the final date.
Do you have a fixed-period tenancy agreement of more than 2 years (for an independent dwelling) or 5 years (for a non-independent dwelling)? Or do you have a fixed-period tenancy agreement that was entered into before 1 July 2016? This is not a temporary agreement. The agreement cannot be ended before the final date unless both the tenant and the landlord agree. The tenancy does not end automatically on the final date. Both the tenant and the landlord must terminate the agreement by means of a written notice sent by registered post.
Liberalized vs. nonliberalised housing in the private sector
Ik The law (Huurliberalisatiegrens) determines whether the price of your house a legally protected with a maximum price. This also entitles you to additional legal rights. Read our blog ‘Legalmatters regarding housing’.
The following apply to non-liberalised housing:
- Maximum rent.
- Maximum of annual rent increase.
- Points system.
- You are entitled to housing benefit.
Private non-protected housing
Tenancy agreements in the private sector have been liberalised. This means that both the tenant and the landlord have more freedom when it comes to the rent and the services provided.
The following apply to liberalised housing:
- No maximum rent.
- No maximum of annual rent increase.
- No points system.
- You are not entitled to housing benefit.
For more information about the difference between social housing and the private housing sector, read the website www.overheid.nl.
Tenancy agreement in the private sector
If your tendency agreement in the more expensive private housing sector have been liberalised; the tenant and the landlord have more freedom to agree the rent and services provided. The rental value of the property is not based on a points system and there is no maximum rent. Only self-contained housing can be rented under such an agreement. Housing that is not self-contained (such as a room in a house) cannot.
Rent ceiling
If the tenancy agreement is not liberalised, the rent payable for rented housing is subject to a ceiling.The maximum rent depends on the quality of the housing. You can work out the maximum rent for your home using the rent points system (in Dutch).
Housing benefit
If you spend a large proportion of your income on rent, you may be eligible for rent benefit. You can apply to the Tax and Customs Administration.
Maintenance rules
The tenant and landlord have their own responsibilities to maintain, repair and replace parts of the rented accommodation.
In general:
- the tenant pays for minor repairs and the landlord for major repairs and maintenance;
- the tenant must have easy access to make minor repairs and the repairs must not be expensive. Otherwise, the landlord must pay for them;
the tenant must allow the landlord to enter the accommodation to carry out maintenance or repairs.
Complaints about housing associations or landlords
Complaints must be submitted in writing to the housing association or the landlord. If a complaint cannot be resolved satisfactorily, tenants can submit it to the landlord’s complaints committee. Most housing associations operating in the social housing sector and some private housing organisations have a complaints committee.
When a complaint isn’t solved, it becomes a dispute. Disputes can be brought before the Rent Tribunal (in Dutch: Huurcommissie). Disputes about rent levels, maintenance or service charges can be submitted to the Rent Tribunal ( Huurcommissie).
Rent Tribunal (Huurcommissie)
The Rent Tribunal (Huurcommissie) is a national, independent and impartial agency which can mediate and adjudicate on disputes between tenants and landlords about rent levels, maintenance and service charges.
The Rent Tribunal (Huurcommissie) is an ADR: an Alternative, out of court, Dispute Resolution service. It provides information, mediation and arbitrage. It only deals with disputes about housing, rented rooms and caravans. It does not deal with nuisance, housing benefit and business/office accommodation.
Proceedings
If a tenant and a landlord have a dispute that they cannot solve themselves, they can start proceedings at the Rent Tribunal (Huurcommissie). This costs for most proceedings €25 for a private person and €450 for a company or organisation (legal entity).
Tenants can start proceedings on the following matters:
- Rent charged under a new tenancy agreement
- Rent increases after improvements/renovation
- Rent decreases due to defective maintenance
- Rent decreases under the rent points system
- Annual settlements of service charges
- Advances of service charges
- Annual rent increases
- The separation of all-in rent into a basic rent and service charges
Landlords can start proceedings on:
- Maintenance defects that have been repaired
- Rent increases after improvements/renovation
- Annual settlements of service charges
- Annual rent increases
Information about these proceedings is available on the website of the Rent Tribunal (Huurcommissie). The information is in Dutch only.
More information on the Rent Tribunal and its proceedings (in Dutch)
For more information on the Rent Tribunal and its proceedings, see Huurcommissie.nl. The information on this website is in Dutch only. Non-Dutch speakers are advised to ask colleagues or friends for help where necessary. It is allowed to bring an interpreter of advisor to hearings of the Rent Tribunal (Huurcommissie).
Information and help can also be obtained from, for example, local huurteams, which can advise on rent levels (in e.g. Amsterdam, Rotterdam, Utrecht, The Hague and Nijmegen) or the Juridisch Loket, which offers free legal advice to people on low incomes.