Are you paying more than €879.66 of basic rent for a property with a maximum rent of less than that amount and the rent started more than six months ago and in any case before 1 July 2024? Then this blog is of interest to you.
Affordable Rent Act
The Affordable Rent Act regulates that since 1 July 2024, landlords cannot charge more rent for properties than the value according to the housing valuation system (the number of points of the property). The law does not apply to leases concluded before 1 July 2024, but there are two exceptions to this.
In this blog, we focus on tenants with a contract concluded before 1 July 2024, whose property has 143 or fewer points and who have not previously applied for rent reduction (Section 7:249 of the Civil Code: rent reduction within six months). For these leases, the rent must be adjusted no later than 1 July 2025 (Article 208e paragraph 2 Transitional Act New Civil Code).
You do not have to wait for rent reduction by the landlord. You can bring about that rent reduction yourself. We provide a step-by-step plan below.
Step 1 Rent check
Calculate the value of your property in April 2025. Assume the period from 1 July 2025. Is the corresponding maximum rent higher or equal to the rent you are actually paying (or the amount proposed by your landlord, in case you have received a proposal from your landlord about the rent from 1 July 2025)? Then don’t go any further. You are then in the right place. Otherwise, go to the next step.
Step 2 Propose rent reduction
Send a letter or an e-mail message to your landlord proposing to reduce the rent to the amount you calculated in Step 1. If your landlord does not respond within 14 days, send a second letter, this time by registered mail with track & trace. This is important to prove later that your landlord received the letter. To download a sample letter, click here.
Does your landlord accept the proposal: congratulations. You are done.
Step 3 Procedure Rent Commission
If you do not get a response or your landlord refuses the proposal, submit a request to the Rent Commission. If the Rent Commission rules in your favour, you will receive the rent reduction with retroactive effect to 1 July 2025. Beware: if your landlord has not responded, you must be able to prove that your landlord received your proposal. You can do so with a confirmation of receipt from the landlord or a track & trace proof from PostNL.
Note: Provide an accurate calculation of the number of points. Allow the landlord to make his own point calculation. If that calculation does not match your calculation, see if you can work it out together. If you cannot come to a mutual agreement, you can decide to submit the dispute to the Rent Commission or (first) to an independent expert.
Do you have any questions or want help? Contact us, we will be happy to help.
