Both social and private (non-subsidised) housing can be rented in the Netherlands. Rules apply to both the tenant and the 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.

Social housing

Approximately 75% of the 3 million rental homes in the Netherlands belong to housing associations. These associations are responsible among other things for letting social housing, defined as homes for which the monthly rent is under € 710,68. The housing associations are annually required to let 90% of their vacant social housing to people in this income category. The associations may let 10% of their social housing to households with higher incomes.

Tenancy agreements

Houses are let subject to a tenancy agreement. The agreement sets out the terms and conditions agreed by the tenant and landlord. It states how high the rent is and whether the tenancy is for a fixed or an indefinite period.

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.

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. The agreement cannot be ended before the final date unless both the tenant and the landlord agree. A fixed-period agreement 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 mail.

Tenancy agreement in the private sector

Tenancy agreements 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.

• the date on which the rent will be increased each year;
• maintenance agreements;
• house rules;
• the tenant’s and the landlord’s signatures.

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 housing benefit. You can apply to the Tax and Customs Administration .

To be eligible for housing benefit, your rent must be no more than € 710,68 a month. The limit for people under 23 is € 403,06 a month. Your eligibility for housing benefit will then depend chiefly on your income, your assets and your personal circumstances, for example the number of occupants.

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 landlords

Complaints must be submitted to 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. Complaints about rent levels, maintenance or service charges can be submitted to the Rent Tribunal (in Dutch: Huurcommissie).

Rent Tribunal (in Dutch: Huurcommissie)

The Rent Tribunal is a national, independent and impatial government agency which can adjudicate on disputes between tenants and landlords about rent levels, maintenance and service charges. Its decisions are binding.

The Rent Tribunal only deals with disputes about social 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. This costs €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. 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. 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 tot people on low incomes.