Agency Fees for Tenants in Rijswijk
Agency fees are charges that real estate agents or intermediaries levy for finding a rental property in Rijswijk. Under Dutch tenancy law, these costs may not be passed on to tenants by the landlord for standard rental homes. This article covers the details of agency fees, when they are permitted or prohibited, and how Rijswijk residents can protect themselves. Building on our overview of Key Money and Agency Fees, we offer tips tailored to Rijswijk's competitive rental market near The Hague.
What are agency fees?
Agency fees cover amounts charged by an agent, agency, or landlord for matching tenant and landlord. This includes viewings, contract preparation, or candidate screening. For tenants in Rijswijk, these fees may seem reasonable at first glance, but they often pose a risk. Normally, the landlord covers these costs, and passing them on to the tenant is generally unlawful—especially in the local market where affordable housing is scarce.
The key distinction from key money is crucial: key money is a prohibited payment solely for allocating the property, whereas agency fees relate to intermediary services. Both are governed by strict tenancy rules to prevent unfair practices. Exceptions may apply for expats or room rentals in Rijswijk, but tenants in social housing or private sector rentals should not bear these costs.
Legal basis for agency fees
The rules are set out in the Dutch Civil Code (DCC), Book 7 on lease agreements. Key is Article 7:264(2) DCC, which since 2016 prohibits landlords or their agents from passing on agency fees to tenants for residential leases. This applies to both social and private sector rentals in Rijswijk.
The law protects tenants from market abuse and ensures fair access to housing. Previously, such costs were often shifted to tenants, but now this is unlawful. Exceptions include:
- Room rentals: Agents may charge fees if clearly stated and reasonable (see Article 7:232 DCC for rooms in Rijswijk).
- Expat or temporary rentals: Specialized agencies for international tenants in the area may charge fees, but only if the tenant hires them directly.
- Self-hired agent: Tenants may voluntarily pay for their own search assistance.
The Good Landlordship Act (since 2019) strengthens these protections by banning unfair charges and imposing sanctions. For disputes in Rijswijk, contact the District Court Rijswijk or the Legal Aid Office Rijswijk for advice.
Practical examples of agency fees in Rijswijk
Suppose you're looking for an apartment in Rijswijk through a local letting agent. The agent shows the property and demands €500 as an 'agency fee'. The law prohibits this if the landlord pays the agent—those costs are the landlord's responsibility. If you pay anyway, you can seek reimbursement via the District Court Rijswijk.
For room rentals in a Rijswijk student house, an agency charges €200 for 'administration and mediation'. This is often permissible if specified in the contract and reasonable (at most one month's rent). For luxury private sector rentals, an expat agency in the region may charge for a 'full service package' including negotiations, if you approach them.
Terms like 'registration fees' or 'admission fees' are often used to disguise agency fees, but they are equally prohibited and unlawful in Rijswijk.
Rights and obligations of tenants in Rijswijk
As a tenant in Rijswijk, you have strong rights against illegitimate agency fees:
- Refuse to pay: You are not obligated to pay if demanded by the landlord.
- Demand repayment: Within three years, you can recover the money via the District Court Rijswijk (Article 3:307 DCC).
- Report to authorities: Notify the Municipality of Rijswijk or the Legal Aid Office Rijswijk; the Authority for Consumers & Markets (ACM) can impose fines.
Your obligations are minimal: pay only for services you initiate yourself and scrutinize contracts carefully. Work with reputable local agents to avoid scams in the Rijswijk market.
Comparison: Agency Fees vs. Key Money
| Aspect | Agency Fees | Key Money |
|---|---|---|
| Definition | Costs for mediation (agent) | Extra payment for property allocation |
| Legal status | Prohibited for landlord (Art. 7:264 DCC) | Completely illegal (Art. 7:264 DCC) |
| Exceptions | Rooms, self-hired agent | None |
| Consequences | Repayment possible, fine for landlord | Criminal prosecution possible |
Frequently Asked Questions
Can a letting agent charge agency fees to the tenant?
No, for standard rental properties in Rijswijk, a letting agent hired by the landlord may not charge agency fees to the tenant. Consult the Legal Aid Office Rijswijk for specific advice.