In the Haaglanden region, where commuters from neighbourhoods such as Steenvoorde travel daily via the A13 and A4 to Den Haag or Delft, the recent Hoge Raad ruling affects tenants directly. The decision restricts WOZ-based increases in the liberalised rental sector and impacts tens of thousands of contracts in municipalities such as Rijswijk.
Background of the Judgment
Landlords have in recent years linked WOZ increases directly to rent prices. A 15 per cent rise in the WOZ value sometimes resulted in an equivalent rent increase. Tenants in areas with high commuter traffic, such as along the A12 corridor, felt these burdens first. They initiated proceedings concerning reasonableness.
Ruling of the Hoge Raad
Three clear principles emerge from the judgment.
1. WOZ linkage does not constitute automatic justification
Rising WOZ values often reflect speculation rather than improved residential quality. Tenants are not required to pay a premium for such speculation.
2. Tenant may require substantiation per property
Landlords must demonstrate that the WOZ increase is connected to maintenance or genuine market conditions in the neighbourhood, and not solely to a municipal paper valuation.
3. Unreasonably onerous clauses are voidable
WOZ clauses without a cap or exception are unreasonably onerous under article 6:233 BW. They may be annulled.
Impact on Tenants in the Haaglanden Region
- Tenants with a WOZ clause may challenge increases exceeding inflation plus maintenance costs
- Amounts already overpaid may be reclaimed for up to three years
- Written objection within six weeks of notification is required
- Disputes are handled by the Huurcommissie or the kantonrechter at the Rechtbank Den Haag
What Does This Mean for Landlords?
Existing contracts require prompt adjustment. Landlords must replace WOZ linkages with an inflation-plus-maintenance formula. Written substantiation is required for every new increase. Threatening termination following a tenant’s objection carries additional risks.
Future Developments
The ruling forms part of a broader trend towards stronger tenant protection. In 2026 and 2027, caps on other automatic increase mechanisms are likely to follow. Politicians in Den Haag have already placed this topic on the agenda for 2027.
Practical Steps for Tenants
Have you received a WOZ-related increase in the past three years that you considered disproportionate? Request written substantiation and retain all correspondence. Consider contacting the Arslan-kantoor at Generaal Spoorlaan 35 in Rijswijk (070 - 4500 300) or the Juridisch Loket Den Haag. The three-year limitation period for recovery (article 3:309 BW) commences once you could reasonably have been aware of the unlawfulness.