If you are in rent arrears, the landlord may, subject to conditions, claim collection costs. For a tenant acting as a consumer, those costs are capped by law. Moreover, you must first be given a proper final opportunity to pay before these costs become payable. An amount does not automatically become justified because it appears on the letterhead of a debt collection agency or bailiff.
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Written by Ömür Arslan, attorney at Arslan Advocaten. Registered in the Netherlands Bar’s register of practice areas for tenancy law and social security law. Last updated: 17 September 2026.
Check the principal sum, the reminder, the calculation and the provisions in your tenancy agreement. Keep collection costs separate from interest, legal costs and enforcement costs. Those each have their own legal basis. In this article you will read how to check a bill, which discrepancies you can point out and how to respond without losing sight of the current rent or a hearing date. The explanation is aimed at tenants of residential property in the Netherlands.
Start with a breakdown of the total amount
A letter showing a single total gives insufficient insight into how it is made up. Ask how much is being claimed for rent, advance payments, interest, extrajudicial collection costs and any court costs. Have every payment listed. Then check whether proceedings have already been started or a judgment given. Costs that can only arise at a later stage must not be presented as already due without a legal basis.
| Item | What to check |
|---|---|
| Rent arrears | Monthly amounts, due dates, increases and payments received |
| Statutory or contractual interest | Legal basis, percentage, period and correct basis of calculation |
| Extrajudicial collection costs | Valid reminder, sliding scale, any accumulation and contractual clause |
| Legal costs | Judgment or other specific basis, and the assessment of costs |
| Enforcement costs | Enforceable title, the act performed and the applicable rate |
If anything is unclear, ask for a new breakdown as at a reference date. Keep the old versions. If the balance changes later, you will want to be able to check whether this is due to new rent instalments, interest, payments or additional costs. A difference between two overviews is a starting point for checking, but does not in itself prove an error.
The fourteen-day letter is an important condition
For consumers, Article 6:96(6) of the Dutch Civil Code (BW) is relevant. Before extrajudicial collection costs become payable, the debtor must, after falling into default, have been properly sent a reminder and given a period of fourteen days to pay without these costs. The letter must state the consequences of non-payment, including the collection costs being claimed.
The full period must be available after receipt of the reminder. Wording that makes the period run only from the date of the letter or of dispatch may therefore be problematic. So do not just look for the number fourteen. Receipt, the exact wording and the history of the matter are all relevant to whether the statutory requirement has been met.
Keep the letter, the envelope and any e-mail details. If you dispute receipt, explain what you did receive and when. Ignoring a collection letter is not a good way to avoid costs. If the rent is genuinely owed, paying on time within a valid period can prevent the announced collection costs from arising. Any dispute about interest remains a separate matter.
How the statutory sliding scale works
The Extrajudicial Collection Costs Decree (Besluit vergoeding voor buitengerechtelijke incassokosten) contains a sliding scale. The calculation starts from the relevant principal sum. On the first € 2,500, 15% applies; on the next € 2,500, 10% applies; and on the next € 5,000, 5% applies. For higher claims, the percentages continue to decrease. The ordinary minimum fee is € 40, subject to the special accumulation rule.
The examples below illustrate the sliding scale only. They assume a rent claim that is owed, a valid reminder and the absence of any contractual or other obstacle to collection costs. Any permitted VAT increase, interest and court costs have not been included.
| Principal sum | Calculation | Collection costs under the ordinary scale |
|---|---|---|
| € 200 | 15% is € 30, minimum applies | € 40 |
| € 900 | 15% of € 900 | € 135 |
| € 1,800 | 15% of € 1,800 | € 270 |
| € 3,000 | € 375 plus 10% of € 500 | € 425 |
| € 6,000 | € 375 plus € 250 plus 5% of € 1,000 | € 675 |
A common mistake is to calculate 15% on the entire claim when the principal sum exceeds € 2,500. Nor is a contractual minimum of, for example, € 150 automatically valid against a consumer. The sliding scale is a cap on what may be claimed under the statutory scheme; it does not make an invalid reminder valid after all.
Several rent instalments and accumulation of costs
Where several instalments are outstanding, the way in which reminders are sent deserves attention. Article 6:96(7) BW contains rules on combining claims for which a reminder can be sent at the same time. The landlord cannot simply treat each existing instalment artificially as a separate new file in order to obtain an additional minimum fee each time.
In addition, since 1 October 2024 a special accumulation rule has applied to periodic payments to which the lowest fee applies. Article 6:96(8) BW and Article 2a of the Decree are decisive here. This scheme is particularly relevant for low instalment amounts of up to € 266.67. The period and the way in which reminders are sent for several instalments must also be examined.
For the first relevant instalment in a six-month period, the fee is € 40; for subsequent relevant instalments in that period, € 20. If several instalments are combined in one reminder and at least one of them falls under the lowest fee, Article 2a(2) contains an additional rule. So you cannot always simply add up all the separately calculated amounts.
Hypothetical example: for six consecutive low monthly instalments, each sent a separate reminder and each subject to this scheme, the series of € 40 followed by five times € 20 comes to € 140 in total. That example does not mean that any rent arrears, regardless of the rent or the circumstances, can give rise to no more than € 140 in collection costs. Ask for the history of reminders and have the applicable calculation checked.
Administration costs may not circumvent the statutory cap
Costs for sending reminders and extrajudicial collection can be given different names: file costs, reminder costs, handling costs or administration costs. The label does not determine whether an amount may be claimed on top of the statutory collection fee. Look at what service lies behind it. Costs for the same extrajudicial collection in principle fall within the standardised fee.
Hypothetical example: with € 900 in rent arrears, the statement shows € 135 in collection costs plus € 45 for opening a file. Ask why that second item would be separately payable. If it relates solely to opening the collection file, the landlord cannot simply use it to exceed the statutory cap. Any other cost item that is independently payable must be specifically substantiated.
Keep penalties separate as well. A penalty clause requires its own assessment, possibly including review under consumer law. The fact that a penalty appears in the general terms and conditions is not a conclusive answer to whether it is legally valid and payable in your situation. So always send the complete contract and the associated terms and conditions for assessment.
VAT is not an automatic surcharge
The Decree allows the collection fee to be increased by VAT. Conditions apply to this. Relevant factors include whether the creditor uses a collection service on which VAT is charged and cannot recover that VAT. The required declaration and the specific tax position must be taken into account.
Residential lettings are often exempt from VAT, but that does not mean any amount stated may be increased by VAT without explanation. Ask on what basis the surcharge is applied. Keep the VAT amount visibly separate from the calculated collection fee, so that it can still be checked. Also make sure that VAT is not wrongly added to the rent itself in the collection breakdown.
Other costs, such as an official act by the court bailiff, may be subject to their own tariff scheme. So do not apply the rules on extrajudicial collection costs to every line on a bailiff’s bill. The very purpose of the check is to establish the correct legal basis for each category.
Check the collection clause in the tenancy agreement
In a tenancy agreement between a professional landlord and a consumer, an unfair term may have to be disapplied. A provision that permits too high an amount, or gives the impression that costs are payable earlier than the law provides, may be problematic. The exact wording and its interaction with other terms are taken into account.
This is more than a theoretical possibility. On 4 February 2026, the District Court of Rotterdam refused collection costs because of an unfair term in a tenancy agreement. The rent arrears and statutory interest were, however, awarded in that case. The judgment shows why the costs must be assessed separately. It does not mean that every collection clause is invalid or that a rent debt lapses. See ECLI:NL:RBROT:2026:875.
If a term is unfair, do not simply assume a reduction to the statutory maximum. Consumer law may have more far-reaching consequences for the entitlement to costs. So have the clause assessed before you accept a calculation. With a private landlord, it must first be established whether the relevant consumer rules apply to that relationship.
Interest and collection costs are different items
Interest relates to the delay in payment. Extrajudicial collection costs relate to obtaining payment outside court proceedings. A defect in the collection letter therefore does not automatically mean that all interest lapses as well. For interest, the legal basis, the default, the percentage applied and the period must each be correct in their own right.
Ask for an interest calculation per period and check whether interim payments have been processed. The statutory interest rate may change; a calculation covering a long period may therefore contain several percentages. If contractual interest has been agreed, that provision must also be tested for validity. Do not accept an unspecified total just because the amount seems relatively small.
In consumer tenancies, statutory commercial interest does not apply automatically. The legal relationship determines which regime applies. An incorrect interest rate can have a significant effect on the balance if the dispute goes on for a long time. So discuss the old calculation and how interest will continue to accrue during a proposed payment arrangement at the same time.
What changes once proceedings are under way
Once a writ of summons has been served, legal costs may come into play. The court decides on any order to pay costs. The bill actually paid to a lawyer or authorised representative is not automatically passed on to the tenant in full. Nor does the fact that proceedings have been started make every cost item claimed beforehand correct.
Before the subdistrict court judge (kantonrechter), a defendant in principle pays no court fee for putting forward a defence. If you lose, however, you may be ordered to pay the legal costs incurred by the other party, including its court fee. That distinction is important when you are weighing up whether to respond. Failing to appear may in fact worsen your position. Consult the Dutch judiciary’s information on tenancy proceedings.
After a judgment, costs of service and enforcement may arise. Ask which judgment and which act underlie each item. A payment arrangement can limit further costs, but agree explicitly what will happen to measures that have been announced. See also bailiff over rent arrears and writ of summons for rent arrears.
Paying while disputing the costs
An incorrect cost item is usually not a good reason to leave the next rent instalment unpaid as well. Make clear which amounts you accept and which you dispute. State what a payment is for and ask for confirmation of how it has been processed. The statutory rules on allocating payments to costs, interest and principal may be relevant here.
If you paid the principal sum in full within the valid final period, send the proof and ask why collection costs are still being claimed. If you only paid later, costs that had already validly arisen do not necessarily disappear. In the case of a partial payment, it must be examined what amount was still outstanding at the relevant moment and what this means for the calculation.
Be cautious about an arrangement in which you acknowledge the full balance claimed without reservation. A practical repayment proposal can be combined with a clear description of the dispute about the costs. Whether the other party agrees must be apparent from the correspondence. See our article on payment arrangements.
Sample message for disputed collection costs
Adapt this text to your own documents. Identify a specific error; do not send a standard objection with arguments that do not fit your case. A message to the collecting party does not replace a response to the court.
Subject: dispute of collection costs, file [number]
Dear Sir or Madam,
Your statement of [date] shows € [amount] in collection costs. I dispute this item for the following reason: [for example, no proper reminder, incorrect principal sum, incorrect scale or accumulation]. My explanation and supporting documents are enclosed.
Please send me the reminder concerned, information about its receipt and a verifiable calculation. Could you also explain any VAT, administration costs and other additional costs separately? Please also state the contractual provision on which you rely.
My position on the principal sum is: [amount and explanation]. According to the description I gave, the payment of [date] relates to [purpose]. I would appreciate an updated statement in which this payment has been processed.
Yours faithfully,
[Name and contact details]
Assessing a settlement amount
Sometimes a collecting party offers to waive part of the costs if you pay at short notice. Ask which amount will then be finally settled and which items will remain outstanding. A discount is not necessarily advantageous if the original costs were not legally owed. So compare the proposal with a checked starting calculation.
Also record when the arrangement becomes final, what happens if a payment is late and whether the current rent falls outside it. If proceedings are under way, it must be clear what the arrangement means for the case and any eviction. Keep the complete offer and your acceptance. A promise made by telephone without verifiable confirmation may lead to a fresh dispute later.
When legal help makes sense
Have the documents assessed if collection costs keep rising, a contractual clause is questionable, or payment and its allocation are disputed. With a writ of summons or threatened eviction, your interest in keeping your home and your procedural position are at stake as well as the costs. In that case, do not wait for a lengthy complaints procedure before safeguarding the hearing date.
Send the contract, the terms and conditions, all reminders, breakdowns and proof of payment. Arslan Advocaten can assess the calculation and the response available to you. Discuss in advance the relationship between the disputed amount, the cost of legal assistance and the wider interest at stake in the case. You can contact us via Arslan Advocaten tenancy law.
Frequently asked questions
Do I always have to pay at least forty euros?
No. First, there must be a legally valid entitlement to collection costs. In addition, a special accumulation rule applies to certain low periodic instalments. The ordinary minimum of € 40 does not make an incorrect reminder or an unfair term valid.
May the landlord charge collection costs again every month?
That cannot be determined without assessing the rules on reminders and accumulation. Claims that are already due and low periodic instalments are subject to specific rules. Ask for an overview of all instalments and reminders; the number of letters alone does not determine the fee.
Are file costs permitted on top of collection costs?
Not if they place an additional charge for the same extrajudicial collection above the permitted fee. What the cost item actually covers is decisive, not the label. A genuinely different claim requires its own legal basis.
Do collection costs lapse if I pay the rent after all?
If you pay in full within a valid final payment period, you will in principle avoid the announced collection costs. If those costs have already validly arisen, they do not automatically disappear when the principal sum is paid later. Check the timeline.
Can the court assess a collection clause of its own motion?
In a consumer contract, the court may be required to review the clause of its own motion against the rules on unfair terms. Do not rely on this passively. Submit the contract and explain why you dispute the clause or the costs.
Can I also refuse to pay the principal sum if the costs are wrong?
An error in the costs generally does not affect rent that is rightly owed. Substantiate each dispute separately and avoid new rent arrears. If things are unclear, have it assessed how you can pay the undisputed part and clearly record your position.
Sources and legal basis
- Extrajudicial Collection Costs Decree, Articles 2 and 2a.
- Original sliding scale and explanatory notes.
- Accumulation rule and entry into force.
- Official explanation of accumulation for low instalment payments.
- Dutch Civil Code, Book 6, Articles 43, 44, 96 and 119.
- District Court of Rotterdam, 4 February 2026.
- The Dutch judiciary on tenancy proceedings.
