There are lots of things to consider when you rent accommodation. This includes making sure you are not paying too much in terms of rent, a deposit or service costs. The Landlords (Good Practices) Act came into force on 1 July 2023. This act introduced new rules and updated some old rules. It’s important to know your rights and obligations. So follow this step-by-step plan when you rent accommodation.
Step 1: check how much the rent, deposit, service costs and mediation fees are
Check whether the accommodation you wish to rent is classed as social housing or if it is private-sector rental. This is an important difference, because different rights and obligations apply to each type. If you are going to be renting accommodation in 2024 and the basic rent is €879.66 or less, the accommodation is considered to be social housing. Social housing has a rent ceiling, which is calculated using a points system. If you rent accommodation in 2024 and the basic rent is above €879.66, the accommodation is considered to be a private-sector rental. There is no rent ceiling for private-sector accommodation.
Please note: if you are living in a private-sector rental, ask the rent tribunal to assess your starting rent within six months of your first payment. If you live in social housing, you can ask the rent tribunal to check the rent you are paying at any time.
In some municipalities, landlords need a rental permit to be able to rent out accommodation. Conditions may be attached to the permit, such as how much the rent can be. If this is the case, you can also ask the municipality to assess your rent.
For tenancy agreements dated 1 July 2023 onwards, the maximum deposit a landlord can charge is two months’ basic rent. When the tenancy agreement has ended, you will in principle get your deposit back within 14 days. But if you still owe your landlord money, they can deduct this from your deposit. In that case they must pay back the remaining deposit within 30 days.
Your landlord can only withhold your deposit to cover the following:
unpaid rent;
service costs;
damage to the accommodation that the tenant must cover;
energy efficiency charge (in Dutch: energieprestatievergoeding, EPV).
Your landlord can only charge you actual service costs that have been incurred. They cannot charge more and keep the difference.
Service costs include:
cleaning costs;
costs of lighting communal areas;
tasks carried out by a caretaker.
Gas, water and electricity do not fall under service costs. You pay these costs separately.
You pay service costs monthly, on top of the basic rent. Each year your landlord will provide you with an overview of the service costs charged to you. This will show you:
which costs your landlord has incurred;
how much of these costs you have paid;
whether you have paid too much or too little;
whether you will get money back or need to pay more.
If you have not received an overview of service costs, or if the overview is incorrect, contact the rent tribunal or your municipality.
If your landlord uses a rental agency, your landlord pays the mediation fees. The agency cannot ask you to pay mediation fees too. Mediation fees are sometimes called administration, contract or agency fees. If you yourself use an agency or intermediary to find accommodation, you will have to pay their fees yourself.
Step 2: check your tenancy agreement and the information provided by your landlord
Tenancy agreements dated 1 July 2023 onwards must be in writing. If you make oral agreements with your landlord, your landlord must confirm these agreements in writing.
Your landlord must also provide you with information in writing about:
how the accommodation can be used;
when your landlord can enter the accommodation (only with your permission, unless there is an emergency);
the various types of tenancy agreement and the related tenant protection and rental price protection;
what you can do if the accommodation is in need of repair;
who you can contact if you have questions about your accommodation;
who you can contact if you can’t resolve an issue with your landlord (municipal reporting office, rent tribunal or district court);
how much you need to pay as a deposit and how it will be returned;
service costs (an overview of service costs charged must be provided every year).
If your tenancy agreement began before 1 July 2023, you will receive this additional information by 30 June 2024 at the latest.
Extra information for European labour migrants
If you have come from a European country to temporarily work in the Netherlands, and your employer provides you with accommodation, your employer must give you information about your accommodation in a language you understand. This does not apply to the tenancy agreement, however. The tenancy agreement can be in Dutch.
Your tenancy agreement must also be separate from your employment contract. This means that you do not need to move out of the accommodation if your employment ends. This only applies to tenancy agreements dated 1 July 2023 or later.
Step 3: check if you are entitled to housing benefit
You may be entitled to housing benefit. You can check this on toeslagen.nl.
Step 4: take action if you cannot resolve an issue with your landlord
If you have an issue with your landlord and can't resolve it, there are various courses of action you can take.
If you are renting social housing, and you do not agree with the amount of rent you are paying, a rent increase or the level of maintenance, you can contact the rental tribunal.
If you rent private-sector accommodation, and disagree with your landlord’s annual rent increase, or a rent increase following improvements to your accommodation, contact the rent tribunal. You can also ask the rent tribunal to assess your starting rent. You must do this within six months of the start of the tenancy.
The rent tribunal is an independent and impartial dispute mediator. Any decisions it takes are legally binding for both tenants and landlords. If you cannot take the dispute to the rent tribunal, you can take it to the district court.
As of 1 January 2024, every municipality has a reporting office where tenants and those looking for accommodation can report problems with landlords.
If a landlord breaches one of the rules in the Landlords (Good Practices) Act, the municipality must take action. Here are some examples. A landlord is in breach of the rules if they:
do not provide you with a written tenancy agreement or written information about the tenancy;
charge you unjustified service costs or deposit costs;
discriminate against you or intimidate you. Intimidation includes threatening to end the tenancy agreement or cut off your gas, water or electricity if you complain.
If a landlord is found to be in breach of the rules in the Landlords (Good Practices) Act (or other rules), the municipality can do a number of things, including:
issue an official warning;
issue a fine; or
in extreme cases, take over management of the accommodation.
If you have a complaint that is not related to the Landlords (Good Practices) Act, your municipality can put you in touch with the right organisation.
Your landlord is not allowed to discriminate against you. To prevent discrimination (conscious or unconscious), landlords must state in writing how they select their tenants. When advertising accommodation, landlords must include information on how tenants will be selected. Landlords must explain to unsuccessful candidates why they were not selected.
If you suspect discrimination, contact the reporting office of your municipality. You can also contact an anti-discrimination service (ADV). These services give independent advice to people who report discrimination or have questions about discrimination.
You can also contact:
Most tenants are happy with their landlord. But sometimes things don’t go as expected and problems can arise. The Landlords (Good Practices) Act offers tenants protection and gives landlords clarity about what’s allowed and what’s not allowed. This brochure provides additional information about the law. The brochure is available in Dutch, English, Bulgarian, Polish, Romanian and Spanish.
