Unreasonable Rent Increase in Leiden: What Can You Do as a Tenant?
A rent increase can significantly impact your monthly expenses. But when is such an increase unreasonable, and what rights do you have as a tenant in Leiden? In this article, we discuss the legal rules surrounding rent increases, what constitutes an unreasonable increase, and how you can take action to protect your interests.
When Is There an Unreasonable Rent Increase?
A rent increase is considered unreasonable if it exceeds the legal limits or does not match the condition and value of the property. In the Netherlands, the rules differ for social housing (below the liberalisation threshold) and private sector housing (above the liberalisation threshold).
For social housing, the annual rent increase may not exceed the maximum percentage set by the government. For private sector housing, increases depend on the tenancy agreement, but reasonableness standards also apply here.
Legal Rules: Civil Code
The legislation on rent increases is set out in Book 7 of the Civil Code (BW), specifically in articles 7:252 et seq. These provisions regulate the obligations and rights of tenants and landlords regarding rent increases.
Article 7:252a BW states that landlords may only increase the rent of independent residential spaces in accordance with the legal rules. For social housing, this means the established maximum percentage may not be exceeded.
For liberalised rental properties, Article 7:253 BW provides that the rent is free, but increases must be reasonable and in accordance with the tenancy agreement. A landlord may not adjust the rent price without basis.
Maximum Rent Increases 2024-2025
For social housing, the following maximum percentages for rent increases apply:
| Year | Maximum increase (standard) | Maximum increase (higher income) | Legal basis |
|---|---|---|---|
| 2024 | Inflation + 1.5% | Inflation + 2.5% | Implementation Act on Rent Prices for Residential Space |
| 2025 | Inflation + 1.0% | Inflation + 2.0% | Implementation Act on Rent Prices for Residential Space |
| Liberalised | As per contract | As per contract | BW 7:253 |
| Social (max) | Up to liberalisation threshold | Up to liberalisation threshold | BW 7:252a |
Important: Landlords in the social sector can apply a higher percentage for tenants with higher income, depending on the annual government rules.
When Is a Rent Increase Unreasonable?
A rent increase may be unreasonable in these cases:
1. Above the Permitted Percentage
If the landlord implements a higher increase than legally permitted for social housing, you can object to it.
2. No Timely Announcement
According to Article 7:254 BW, a rent increase must be announced in writing at least two months in advance. Failure to comply with this rule renders the increase invalid.
3. No Relation to Property Quality
If the property is in poor condition or has maintenance issues, a rent increase may be unjustified. You can challenge this with the Rent Tribunal.
4. Multiple Increases per Year
For social housing, only one increase per year is permitted, often as of 1 July as stated in the contract. Additional increases are not allowed.
5. No Substantiation by Improvements
If a landlord increases the rent due to so-called improvements that have not been carried out or are of low quality, you can file an objection.
How to Deal with an Unreasonable Rent Increase in Leiden?
If you think the rent increase is incorrect, you can follow these steps:
Step 1: Check the Rules
Determine whether you live in social or liberalised housing. Check if the rent increase falls within the legal limits via the Government website.
Step 2: Contact the Landlord
Ask your landlord for an explanation of the rent increase. Sometimes a conversation can already provide a lot of clarity.
Step 3: Seek Help in Leiden
If the problem persists, you can seek help from the Juridisch Loket Leiden, located at Stationsweg 46. They offer free legal advice to tenants. In addition, you can submit a case to the District Court of The Hague, Leiden location, for a legal assessment.