During our research, we often come across unfair rental agreements. Agreements in which the lessor attempts to avoid the rent act at the expense of the tenant. We understand that as a tenant, you’re more than happy when you’ve finally found a house, but at the same time we think it’s important that you’re aware of your rights and that you understand what you’re signing for. Therefore we regularly post articles informing you about your tenant rights and about what you should and shouldn’t do as a tenant. If you found a house through a house agent or an intermediate real estate agency, chances are they charged you a mediation fee. Such a mediation fee however, is not always just and in some cases, you can demand it back.

Mediation fees
A mediation fee is something you pay to the intermediary, someone who you’ve explicitly instructed to find a house for you from a third party. An intermediary can only work on the commission of one party, the tenant or the lessor. It is prohibited for him to serve two lords and he is only allowed to charge one of the two for his services. Be aware that mediation fees are sometimes charged under a different name, such as administration fees, even though they are essentially the same thing.

Unjust mediation fees
In reality, mediation fees are often unjustly charged to the tenant. For example when the tenant has never explicitly charged the intermediary with the instruction to find a house for him, but instead has simply shown interest in a house that was already offered by the intermediary on behalf of the lessor. In that case the intermediary is already working on commission of the lessor and cannot charge the tenant as well. Another example of an unjust mediation fee is one that is charged by a real estate agency for a house they are actually renting out themselves, albeit under a company with different name.
What can you do about this?
When you have been charged with unjust mediation costs, you can demand them back as a tenant. In order to do so you can use the standard letter we made for you.
In legal terms With this letter you annul the agreement and turn your payment of the mediation fee into an undue payment. When the agreement is annulled and the intermediary makes no objection, you can continue to claim the fee. Fourteen days after you sent the letter, the legal interest starts to count as well and your claim increases until you have been refunded. Want to know how high the legal interest on your claim is? Look here.
Our advice Although it’s a pity you’ve paid a mediation fee, we strongly advice to make a complete diagnosis of your rent situation. The right to reclaim your mediation fee is a one time advantage. Perhaps in the long term, it’s more important to investigate whether your lessor is acting correct when it comes to all your other rights as a tenant.
It might be the case that you’ve paid a mediation fee of € 500 and that you have the right to reclaim this. However, when the lessor cooperates with a party that charges you incorrectly, chances are he charges you an incorrect rental price as well. 75% of the students in The Netherlands pay too much rent. On average, we’re talking about €130 per month. Doing a complete diagnosis and demand a fair rental price, would then save you around €1560,- annually.
Make sure you don’t pay too much rent every month and apply for a complete diagnosis by De Huurdokters. We’ll come by for an investigation, free of charge and free of obligations. This way you know exactly how fair your situation is and what your rights as a tenant are.
Rental price check? Apply here.