Free sector housing

In contrast to social housing, a rental property falls under private sector housing if the initial rent is higher than the liberalization limit. In 2022, a rental property is a private sector property if the basic rent is higher than € 763.47. 

Determining the rent (social rental property)

The rental price of a social rental property is determined by the housing valuation system or the points system. This system is a system for determining the maximum rent for social housing. The system calculates a number of points a house gets based on, for example, the living space, energy efficiency, facilities in the house (kitchen, bathroom, etc.) and the WOZ- value, etc. The rent may therefore not exceed the maximum rent that the tenant is able to pay according to the points system.

The property valuation system also makes a distinction between independent and non-independent living spaces. An independent living space is a property with its own entrance door and its own facilities such as a kitchen, a bathroom and a toilet. In the case of a non-independent living space, the facilities must be shared with other residents, and the living space does not have its own entrance door. The main example of an independent living space is a room in a student house. Via the links below you can check whether you are paying too much rent for your living space.

Rent check for independent living space: https://www.huurcommissie.nl/onderwerpen/huurprijs-en-punten/nieuwe-huurprijscheck/huurprijscheck-zelfstandige-woonruimte 

Rent check for non-independent living space:  https://www.huurcommissie.nl/onderwerpen/huurprijs-en-punten/nieuwe-huurprijscheck/huurprijscheck-onzelfstandige-woonruimte 

The difference between a rental agreement for a definite and an indefinite period

If you want to submit a request to the Rent Tribunal, it is important that you realize that there are certain deadlines. A difference is made between the situations in which you have a rental agreement for an indefinite period of time or for a definite period of time.

A rental agreement for a definite period ends by operation of law (for example after one year), it does not contain a minimum duration ('minimum period') and can be terminated by the tenant prematurely. It is important to pay attention to this if you want to have the initial rental price tested after the agreed rental period.

The rental agreement for an indefinite period of time can be recognized by the fact that a minimum duration (minimum period) has been included in the contract and an intermediate prohibition of termination applies for both the landlord and tenant. The rental agreement for an indefinite period of time continues after the minimum term.

In the case of a tenancy agreement for an indefinite period of time, the landlord cannot simply terminate the agreement. The landlord must go to court for this on the basis of one (or more) statutory grounds for termination.

CAUTION! The 'initial rent test' is not a legal ground for termination. The lessor cannot simply terminate the tenancy agreement for that.

Social housing

Contrary to popular belief, the question if a rental property is a social rental property has nothing to do with what type of property it is. A social rental property is a property where the initial rent (the rent stated in the lease) is at, or below the so-called liberalization limit. In 2022, this limit is €763.47. This only concerns the basic rent (without service costs, etc.). This liberalization limit is increased slightly every year (for example, the liberalization limit in 2018 was €710.68). In conclusion, if the basic rent at the time of the agreement of the lease does not exceed €763.47, your rental property is a social rental property.

CAUTION! Due to the annual rent increase, the rent of a social rental property can rise to a price above the liberalization limit. In this case, the property remains a social rental property.

Basic rent and all-in rent

Student housing is often all-inclusive. An all-in rent is the basic rent together wit additional costs for, for example, cleaning, maintenance for communal facilities, gas, electricity and water. With the all-in rent, it is not agreed in advance which amount concerns the basic rent and which amount covers the additional costs. In order to check whether your rental property is a social rental property or a private sector property, it must first be clear what the basic rent of the property is. 

The all-in rent must be split for this. First of all, you can approach the landlord for splitting the all-in rent. After all, the landlord is aware of the settlement of the additional costs. If you cannot come to an agreement with the landlord, you can ask the Rent Tribunal to split the all-in rent.

Via the link below you can see how you can ask the Rent Tribunal to split your all-in rent:

  https://www.huurcommissie.nl/onderwerpen/huurprijs-en-punten/starten-van-een-procedure 

As soon as the basic rent of your rental property is clear, you can find out whether you are paying too much rent.

Too the Rent Tribunal

If your landlord decides not to comply with your request, the first (advised) legal option is to go to the Rent Tribunal for a procedure. This procedure is called the 'initial rent test'. For this test, the same scoring system is used by the Rent Tribunal as is used for the property valuation system. The scoring (i.e. the maximum number of points) by the Rent Tribunal is decisive. If they determine a lower basic rent on the basis of the points system, they will deem the agreed rent as not reasonable and will reduce the basic rent to the amount that they deem reasonable. The Rent Tribunal will reduce the basic rent to the amount based on the number of points. For more practical information about a procedure at the Rent Tribunal (such as terms, etc.), click on the button below.