Unreasonable Rent Increase in Rijswijk: What Are Your Rights as a Tenant?
A rent increase can have a significant impact on your monthly expenses. But when is a rent increase considered unreasonable? And what can you as a tenant in Rijswijk do to protect yourself against an excessively high increase? In this article, we discuss the statutory rules regarding rent increases, when an increase is unacceptable, and how you can take action.
When is a rent increase unreasonable?
A rent increase is considered unreasonable when it exceeds the statutory limits or is not in line with the condition and value of the property. In the Netherlands, the rules differ for social housing (below the liberalisation threshold) and liberalised housing (above this threshold).
For social housing, the annual rent increase may not exceed the percentage determined by the government. For liberalised housing, the agreements in the tenancy agreement are leading, but the increase must also remain within reasonable limits.
Statutory rules under the Dutch Civil Code
The legislation on rent increases is set out in Book 7 of the Dutch Civil Code (BW), specifically in Articles 7:252 et seq. These rules determine the obligations and rights of both tenants and landlords in the event of a rent increase.
Article 7:252a BW stipulates that landlords may only increase the rent of an independent dwelling in accordance with the statutory provisions. For social housing, this means that the maximum increase percentage is set by the government.
For liberalised housing (Article 7:253 BW), the rent is free, but increases must be reasonable and in line with the tenancy agreement.
Maximum rent increases for 2024-2025
The following maximum percentages apply to social housing for rent increases:
| Year | Maximum increase (standard) | Maximum increase (higher incomes) | Statutory basis |
|---|---|---|---|
| 2024 | Inflation + 1.5% | Inflation + 2.5% | Implementation of Housing Rent Prices Act |
| 2025 | Inflation + 1.0% | Inflation + 2.0% | Implementation of Housing Rent Prices Act |
| Liberalised | As per contract | As per contract | BW 7:253 |
| Social (max) | Up to liberalisation threshold | Up to liberalisation threshold | BW 7:252a |
Important: For tenants in the social sector with a higher income, a landlord may apply a higher percentage, depending on the government's annual guidelines.
When is a rent increase considered unreasonable?
A rent increase may be unreasonable in the following cases:
1. Exceeding the statutory maximum
If the landlord demands a percentage higher than permitted for social housing, you can lodge an objection.
2. No proper notice
According to Article 7:254 BW, a rent increase must be notified in writing at least two months in advance. If this does not happen, the increase is invalid.
3. No relation to property quality
If the property is in poor condition or requires maintenance, a rent increase may be unreasonable. You can challenge this via the Rent Tribunal (Huurcommissie).
4. Multiple increases within one year
For social housing, only one increase per year is permitted, often as of 1 July. Additional increases are not allowed.
5. No substantiation by improvements
If a landlord increases the rent due to renovations that have not been carried out or are of low quality, you can protest against this.
How to act in the event of an unreasonable rent increase in Rijswijk?
If you think your landlord is applying an unreasonable rent increase, follow these steps:
Step 1: Check the rules
Determine whether you live in social or liberalised housing and whether the increase falls within the statutory limits. For social housing, you can check the percentages on the Government website.
Step 2: Contact the Juridisch Loket Rijswijk
For free legal advice, you can go to the Juridisch Loket in Rijswijk. They will help you assess your situation and lodge an objection.
Step 3: Involve the Rent Tribunal (Huurcommissie)
If you cannot reach an agreement with the landlord, you can submit your case to the Rent Tribunal. They will assess whether the rent increase is reasonable.
Step 4: Legal proceedings via Rechtbank Den Haag
If the Rent Tribunal does not provide a solution, you can bring a case before the Rechtbank Den Haag, the district court under which Rijswijk falls. Ensure you engage legal assistance for a strong case file.