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 Leiden. The WWS-maximum is the legally established limit for how much your rent may be increased 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, including local institutions in Leiden.
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 in Leiden. 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 Assessment Committee). For social housing, 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 Leiden), other rules apply, such as the Rent Assessment Committee.
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 Assessment Committee plays a role in social housing. For private sector rental properties in Leiden, the Rent Assessment Committee is not directly applicable, but you can have a rent review carried out via the District Court of The Hague, Leiden Location.
How does the WWS-maximum work in practice?
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 such as necessary improvements or additional costs.
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, Leiden Location.
What can you do if your rent increase exceeds the WWS-maximum?
If your rent increase is higher than the WWS-maximum, you can take the following steps in Leiden:
- Check the rent increase: Ask your landlord for a written explanation of the increase. Request the rent index and other relevant data.
- Contact Juridisch Loket Leiden: Visit Juridisch Loket Leiden, Stationsweg 46 for free advice on your rights.
- Send a formal letter: Send a registered letter to your landlord objecting to the increase and referring to the WWS-maximum.
- Initiate proceedings at the District Court of The Hague, Leiden Location: If your landlord does not respond, you can file for summary proceedings to block the increase.
- Consider rent price proceedings: For private sector properties, you can initiate rent price proceedings to have the rent reduced.
Tip for Leiden: Juridisch Loket Leiden (Stationsweg 46) offers accessible advice and can help you draft letters. For judicial proceedings, the District Court of The Hague, Leiden Location has jurisdiction.
Local resources in Leiden
- Juridisch Loket Leiden: Stationsweg 46, 2311 CH Leiden. Telephone: 0900-8020 (for current in ### Arslan & Arslan Advocaten **Arslan & Arslan Advocaten** provides professional legal guidance and support for your legal matters. - Website: [www.arslan.nl](https://arslan.nl) - Email: [info@arslan.nl](mailto:info@arslan.nl) - Free initial consultation