Exceeding the WWS Maximum: What Now?
If your rent increase is higher than the WWS maximum (Housing Valuation and Subsidies Act), you can challenge this legally in Rijswijk. The WWS maximum is the legally established limit for how much your rent increase may be per year. If your landlord exceeds this limit, the increase may be unlawful. This article explains what the WWS maximum is, how you can check if your rent increase complies with it, and what you can do if it is exceeded, specifically for tenants in Rijswijk.
What is the WWS maximum?
The WWS maximum is the maximum annual rent increase that a landlord may implement according to the Housing Valuation and Subsidies Act (WWS). This act regulates, among other things, rent price development in the Netherlands, including Rijswijk. The WWS maximum protects tenants against excessively high and unreasonable increases.
The WWS maximum is established annually by the Netherlands Enterprise Agency (RVO) and depends on the rent allowance norm and the rent index. For 2024, the WWS maximum is, for example, 3.4% (for houses that do not fall under the Rent Tribunal). For social housing in Rijswijk, a lower limit often applies.
Important: The WWS maximum applies only to private sector rental properties. For social housing (for example, from housing associations in Rijswijk), different rules apply, such as the Rent Tribunal.
Legal basis
The most important legal grounds for the WWS maximum are:
- Article 7:900 Civil Code (BW): regulates the general provisions on rent increases.
- Housing Valuation and Subsidies Act (WWS): determines the maximum increase for private sector rental properties.
- Housing Valuation Decree (BW): contains the exact percentages and rules for the WWS maximum.
In addition, the Rent Tribunal plays a role for social housing in Rijswijk. This body assesses whether a rent increase is reasonable. For private sector rental properties, the Rent Tribunal does not apply, but you can have a rent assessment carried out. For legal advice in Rijswijk, you can go to the Juridisch Loket Rijswijk.
How does the WWS maximum work in practice in Rijswijk?
The WWS maximum applies to the annual rent increase. This means that your landlord may increase your rent by a maximum of the WWS percentage, unless exceptions apply. For example, if there are necessary improvements or additional costs for the landlord in Rijswijk.
Examples of WWS maximum in practice
| Current rent | WWS maximum 2024 | Maximum new rent | Increase by landlord | Is the increase permitted? |
|---|---|---|---|---|
| €1,200 | 3.4% | €1,240.80 | €1,300 | No (exceeds the maximum) |
| €900 | 3.4% | €930.60 | €950 | Yes (within the maximum) |
| €1,500 | 3.4% | €1,551 | €1,600 | No (exceeds the maximum) |
Note: If your landlord implements a higher increase, it may not be legally permitted. You can challenge this at the District Court of The Hague (district) for cases in Rijswijk.
What can you do if your rent increase exceeds the WWS maximum in Rijswijk?
If your rent increase is higher than the WWS maximum, you can take the following steps:
- Check the rent increase: Ask your landlord for a written explanation of the increase. Request the rent index and other relevant data that support the increase.
- Contact the Juridisch Loket Rijswijk: They provide free advice for tenants in Rijswijk and can help you with the first steps.
- Send a formal letter: Send a registered letter to your landlord in which you object to the increase and refer to the WWS maximum.
- Start a procedure at the District Court of The Hague: If negotiations fail, you can initiate summary proceedings or substantive proceedings at the District Court of The Hague (district), which has jurisdiction for Rijswijk.
- Consider rent assessment: For private sector properties, you can initiate a rent price procedure to test reasonableness.
Tip for Rijswijk: The Juridisch Loket Rijswijk is accessible and specialized in local rental issues. They can refer you to pro bono lawyers if necessary.