75% procent of all the students pay too much on their rent. Think about how many internationals that would be and take in consideration that many of those internationals aren't aware of the rental regulation. Whether you can contest your rental price depends on the question whether you live in the free sector (private housing) or in the social sector social housing. There seem to be many misunderstandings about this topic. Many tenants and landlords think that only houses that belong to the social housing corporations qualify for the social sector. However, this is not the case. Do you want to know how it works? Do you want to know if you can have your rental price checked? We like to explain to you how it works.
Rent Liberalisation Treshold
The question whether the place you rented is qualified as social or as private housing depends primarily on the basic rental price. If, according to the Housing Value System (Woning Waardering Stelsel), the basic rental price (excluding service costs) of your house is higher than € 710,68, it belongs to the free sector. This means your lessor can ask the price he wants. There is no maximum rent and you are not eligible for rent benefit.
Be aware however that he simple fact that you’re paying a basic rent more than € 710,68 per month, does automatically mean you’re in a private housing situation. It’s possible that the rent you pay exceeds the legal limit. In that case you are renting a house in the social sector with a rental price that is higher than permitted. That means there can be the opportunity to contest your rental price
Rooms
Are you renting a room? Then you are by definition in the social sector. In the Netherlands, all prices for rented rooms are regulated. This means that you are always entitled to protection of your rental price, even if it exceeds the threshold of € 710,68.
Many tenants have the idea that they are not renting a room when they share a house with more people. Renting a room with more than two people however, qualifies as room rental according to Dutch administrative law. Therefore it’s important to always make sure you have your own contract! Without a contract, you basically find yourself in an illegal situation. There is no rental protection and you really have no legal leg to stand on when problems arise.
Studios
Are you renting a studio? In that case the liberalization threshold does concern you. A studio for which the maximum allowed basic rent exceeds € 710,68, automatically belongs to the private market. This means there are no restrictions on the rental price. For prices below the threshold there is the possibility to check and contest the price.
Be Aware!
In reality we often come across studios with a basic rental price higher than the liberalisation treshold, that actually belong in the social sector based on the point system of the WWS. Therefore it is always smart to check your rental price!
Landlords often offer studios with the guarantee that you are eligible for renting benefit in order to make sure you can afford it. In many cases they are asking a rental price exceeding the maximum that is permitted. Do you have a rental contract that includes a calculation of rental benefit? Chances are that your lessor is asking too much money, but has made it look attractive to you because of the renting benefit. Be aware that this calculation can backfire. If you get a new job or a higher salary, the rental benefit may decrease which can result in you having to pay the full price in the end.
Moreover, if the Dutch Tax Agency finds out you’re received rental benefits for a rental price that actually exceeded the maximum permitted price, your right to the benefits will be annulled or recalculated and you can suddenly be in debt with them. The Tax Agency can make this calculation up to five years after the fact. In order to prevent such unpleasant surprises, it’s always smart to check your rental price.
When should I check my rental price?
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