An incorrect energy label can affect the points valuation and the maximum rent of a rented home. A high energy bill, however, does not in itself prove that the label is wrong. A meaningful challenge requires specific inaccuracies in the features of the home and the correct rent procedure.
Nederlands: Lees dit artikel in het Nederlands: Energielabel van uw huurwoning klopt niet: wat kunt u doen?
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The energy label describes the calculated energy performance of the home. Your actual consumption also depends on factors such as usage, the weather and tariffs. So focus your objection on verifiable features such as glazing, insulation and installations.
Why the energy label can affect the rent
Within the housing valuation system (WWS, points system), energy performance can contribute to the number of points. A different valuation may therefore affect the maximum basic rent. Whether this leads to a rent reduction in your situation also depends on the other points, the date of the contract and the applicable rent regime.
A lower label therefore does not automatically lead to a lower amount on the next invoice. The correct valuation must first be established, and it must then be examined how it feeds through into your rent. Also take the floor area and other features of the home into account; one error can influence the overall assessment without changing every other item.
Gather evidence of specific errors
Request the current label and, where available, the underlying data. Note which elements you believe do not match reality. Think of registered insulation that, according to an expert, is missing, or glazing that differs from what is stated.
Take clear photographs and keep information about earlier renovations or inspections. Do not carry out destructive investigations of walls or installations yourself. An expert can assess which observations are useful and which conclusions follow from them.
How the Huurcommissie can assess the label
Where there is reasonable doubt about a label, the Rent Tribunal (Huurcommissie) can have a further investigation carried out within an appropriate rent procedure. It is therefore not a stand-alone complaint that will automatically result in any label being replaced. You must state specifically why the doubt is justified.
The official explanation can be found at assessing an energy label or energy index. Check which application suits your situation and which annexes are required. Simply writing that the home “feels cold” provides less to go on than a substantiated comparison of the registered and the actual features.
Watch the deadline for a rent review
A review of the initial rent has its own deadlines. In many cases the first six months after the start of the tenancy are important, but the type of contract and transitional law can make a difference. A later rent reduction based on points is subject to different conditions again.
So do not wait for a lengthy discussion with the landlord to end if a filing deadline is approaching. Have it assessed in good time whether you need to start proceedings in the meantime. Our existing article on the rent check by the Huurcommissie provides further context.
Do not confuse the energy label with maintenance defects
A correct registration does not rule out a defect. A well-insulated home can still have a broken installation. Conversely, an old but correct label does not mean that every part of the building constitutes a legal defect.
In the case of damp, draughts from defective window frames or heating failure, a maintenance issue may arise alongside the points valuation. For this, read rent reduction for defects. Make clear which outcome you are seeking: correction of the valuation, a lower rent or repairs.
Check that you are looking at the right label
Start with the address, the house number suffix and the registration date. In divided buildings, confusion can arise between an original building and a separate dwelling. An old document from an advertisement need not be the same registration as the label on which the landlord bases his points calculation.
Ask the landlord which label and which housing valuation he is using. Keep both documents together. If a renovation took place after registration, note when and which elements were changed. A comparison between an old condition and a new registration calls for a different analysis than a label that appears to have contained incorrect features of the home from the outset.
From a suspicion to a verifiable discrepancy
Draw up an overview with three parts: what is registered, what do you actually observe, and what evidence supports that observation? For example, a registered type of glazing compared with photographs or an expert’s statement about the glass actually present. Do not draw a firm technical conclusion based solely on its outward colour or thickness.
Insulation hidden behind finishes may require additional investigation. Ask for available construction documents or an earlier survey. Do not open up walls yourself to prove your point. An expert can determine which data are missing and which non-destructive investigation method can be used. That makes the objection more specific than a general complaint about draughts or energy costs.
Why your energy bill is not a label measurement
The bill is influenced by tariffs, the weather, occupants’ behaviour and the use of installations. It can therefore rise while the features of the building have stayed the same. A large household and a single occupant can also have very different consumption in the same home. Use the bill as a signal for further investigation, not as direct proof of a particular label class.
Where energy is concerned, compare units of consumption and periods where possible, not just the final amount in euros. Then keep the rent-law question clear: are the features used for the valuation correct? If the boiler is defective, a repair issue may arise as well. An incorrect energy label is not required for that. In that case, also read no heating or hot water.
Look at the entire housing valuation system
The energy label is one element of the points valuation. Floor area, facilities and other applicable features can also have an effect. A correction of the energy points must therefore be incorporated into a complete calculation. Knowing only that one item may be too high does not yet tell you which maximum basic rent applies.
Keep the landlord’s calculation and mark each element that is in dispute. Avoid a first objection about the label leaving other clear errors out of sight. Do, however, use the rules and valuation that belong to the relevant period and situation. A current calculation is not necessarily suitable for assessing an older initial rent. The date of the contract and the applicable transitional law can make a difference.
Explaining reasonable doubt within an appropriate procedure
Where there is sufficiently specific doubt, the Huurcommissie can have a label investigated further within a suitable rent procedure. So set out which data you believe are incorrect and why that is relevant to the valuation. Attach the available documents in an orderly way and indicate which information still needs to be requested from the landlord or an expert.
A stand-alone complaint about the label does not automatically have the same effect as the timely submission of a rent application. Check which application is open to you under your contract and what result can be achieved with it. The Huurcommissie explains how energy labels are assessed. Keep all procedural letters with deadlines together with your technical documents.
Weighing up investigation costs in advance
An independent survey can be useful, but first decide which question it needs to answer. Ask the expert which documents are available, what can be investigated and what the limitations are. An expensive report that does not answer the question relevant to the rent does little to move the dispute forward.
Where possible, discuss cooperation and costs with the landlord in advance. Commissioning a survey yourself does not mean that the full invoice can automatically be recovered later. Also have it assessed whether an investigation route is already available within proceedings. A targeted choice avoids duplicate surveys and keeps the costs in proportion to the significance of the disputed valuation.
Example of a substantive objection to the label
Suppose a tenant receives a points calculation based on a particular energy performance. The underlying data appear to include insulation, while an available building survey report states that it is missing in a relevant part of the building. This fictitious example shows a verifiable reason for asking questions; it does not yet prove which new label class would follow from a complete calculation.
A useful response refers to the precise element, the passage in the report and the explanation sought. Ask which survey the registration is based on and whether the data can be investigated. In the meantime, have the deadline for possible rent proceedings monitored. A lengthy exchange with the landlord need not be over before timely procedural action is required.
What a correction does and does not resolve directly
If a label or energy element turns out to be incorrect, it must be examined how this feeds through into the overall valuation and the rent owed. The relevant period and procedure help determine whether a repayment issue arises. Do not reduce your payment solely because an expert suspects a lower energy performance.
Nor does a correction automatically repair draughts, damp or a defective installation. So keep necessary maintenance reports up to date. When the matter is concluded, ask for the final calculation and record which amounts apply from which date. If a repayment is owed, draw up an overview per month. This makes the step from a technical finding to a specific financial outcome verifiable.
Frequently asked questions about an incorrect energy label
Does a high gas bill prove that the label is incorrect
No. Consumption also depends on circumstances beyond the registered structural features. Use specific technical data to substantiate your doubts.
Can I apply for a new label myself
First discuss authority, access, costs and the usefulness for your proceedings. Having an investigation carried out does not automatically mean that the landlord must pay all the costs.
Does a lower label always lead to a rent reduction
No. The total number of points and the rent regime also matter.
Should I wait until the landlord responds
Not if a procedural deadline could expire as a result. Seek advice in good time about the necessary steps.
Are draughts enough to challenge the energy label
Draughts can be a reason for investigation, but do not in themselves prove that the registration is wrong. Identify specific features of the home and, where necessary, have the cause assessed. A defective window may also constitute a maintenance defect, even if the label as such is correct.
Can an old registration still be relevant
That depends on its validity, the relevant assessment period and any changes made to the home. Do not use the oldest or the newest document without checking. Ask which label underlies the points calculation and have it determined which data should be used for your proceedings.
Will I get all my previous rent back if the label is wrong
No, that does not follow automatically. It must first be established what the correct valuation and rent are and over which period a change can apply. The choice of procedure, the date of the contract and deadlines are important. A technical error is the start of the assessment, not the entire calculation.
Must the landlord forward my objection to the label adviser
Ask the landlord who can explain the registration and which investigative step is being proposed. Your rent proceedings also have their own requirements. So do not rely solely on consultation between the landlord and the adviser when a filing deadline may be about to expire for you.
Having your label and rent assessed
Arslan Advocaten can assess which procedure suits your contract and evidence. Bring the energy label, the tenancy agreement and your specific objections.
