Many expats rent a home in the Netherlands through a letting agency or rental agent. On top of the rent and the deposit, they are often asked to pay extra charges: “administration fees”, “contract fees”, “registration fees” or plain “agency fees”. In most cases those charges are illegal, and you can get your money back.
This article explains which fees a letting agency may and may not charge, why the ban exists, and exactly how to reclaim what you already paid. The tenancy law lawyers at Arslan Advocaten assist expats with these claims.
The rule in one paragraph
Under Dutch law an agency may not charge a fee to the tenant if it also acts for the landlord. This is the prohibition on serving two masters, laid down in Article 7:417(4) in conjunction with Article 7:427 of the Dutch Civil Code. The Supreme Court confirmed in its ruling of 16 October 2015 (ECLI:NL:HR:2015:3099, the Duinzigt case) that simply listing a landlord’s property on the agency’s own website is normally enough to establish that the agency works for the landlord. From that moment on, any fee charged to the tenant is void, and what you paid was paid without legal ground.
Since 1 July 2023 the Good Landlordship Act (Wet goed verhuurderschap) has added a public-law layer on top of this. Charging double mediation fees for self-contained housing is now also an offence that your municipality can enforce, with warnings, orders and administrative fines.
The exception: when a fee is allowed
The prohibition targets one specific situation: the agent working for both sides. It does not make every payment to an agent unlawful. Two situations fall outside it.
1. The agent genuinely acts for you alone
If you instruct a search agent yourself to find a property for you, and that agent has no mediation relationship with the landlord of the property you end up renting, there is no question of serving two masters. A fee agreed with you is then in principle payable.
The catch is that this is far rarer than agencies suggest. In the Duinzigt ruling the agency argued exactly this: that it acted only for private house-hunters and never for landlords. The Supreme Court rejected that reasoning. Where a landlord allows an agent to list a property on the agent’s website, even free of charge and without exclusivity, that in principle already constitutes a mediation agreement with the landlord under Article 7:425 DCC. It makes no difference whether the agent approached the landlord or the other way round.
2. The website is a genuine "electronic notice board"
The Supreme Court did leave one route open. The rule does not apply if the operator of the website asserts, and proves against a reasoned challenge, that the site functions only as an electronic notice board. That means the operator does not screen prospective landlords and tenants from each other, and does not make it impossible for them to make direct contact and negotiate a tenancy without his involvement.
So the practical test is this: could you have contacted the landlord directly? If the agency shielded the landlord’s identity and contact details, required you to register before viewing, or routed all communication through itself, it is not a notice board. Note also that the burden of proof lies with the agency, not with you.
Fee by fee: what is being charged, and for what service?
The label on the invoice decides nothing. What matters is which service was actually performed, and for whom. Work through your invoice item by item.
| Charge | What it is said to cover | Legal assessment |
|---|---|---|
| Mediation fee / commission | Bringing landlord and tenant together | Void if the agent also acts for the landlord, unless the notice-board exception applies. This is the core of Article 7:417(4) DCC |
| Administration or contract fee | Processing your application, drawing up the agreement | Drawing up the tenancy agreement is work performed for the landlord. Charging it to the tenant is generally a mediation fee under another name |
| Registration fee | Placing you on a list of house-hunters | Where registration is in practice a condition for viewing a property the agency lists, this forms part of the mediation and cannot be charged separately |
| Viewing fee | Showing you round the property | Showing a property the agency itself lists is mediation work for the landlord |
| Key money | Handing over the keys | No service is rendered in return. This is a classic example of an unreasonable benefit |
| Genuine additional service | For example a certified translation of the agreement, requested by you | Payable if you genuinely requested it, it is separate from finding the property, and the price was agreed in advance |
A second legal basis. Alongside Article 7:417(4) DCC there is Article 7:264 DCC. Paragraph 2 provides that any stipulation made in connection with the conclusion of a tenancy agreement for residential accommodation is void insofar as an unreasonable benefit is agreed by or towards a third party. Key money and inflated administration charges are typical examples. This basis can be useful where the two-masters argument is harder to establish.
Which fees are allowed, and which are not?
Allowed
- Rent, consisting of the base rent and any service charges.
- A deposit, normally one to two months’ rent (capped at two months’ base rent for tenancies concluded since 1 July 2023).
- A fee for an optional service you genuinely requested yourself and that is not part of finding the property, for example a translation of the contract.
Prohibited
- Mediation or agency fees when the agent also acts for the landlord.
- Administration fees, file fees and contract fees for processing your application or drawing up the tenancy agreement.
- Registration fees for putting you on a list of house-hunters.
- Key money: a payment simply for handing over the keys.
The label on the invoice does not decide anything. What matters is what the agency actually did and for whom. Renaming an agency fee an “administration fee” does not make it lawful.
Why expats are charged too often
- Lack of knowledge. Newcomers do not know the Dutch rules and assume a fee on an invoice must be legitimate.
- Time pressure. In a tight housing market people sign and pay the same day to secure a property.
- Language barrier. Contracts and general terms are frequently supplied in Dutch only.
None of this affects your legal position. Expats have exactly the same protection as Dutch tenants, and a fee you agreed to in writing is still void if the law prohibits it.
How to reclaim fees you have already paid
A prohibited fee is an undue payment. You are entitled to a full refund, plus statutory interest from the date of payment. Work through these steps.
- Gather your evidence. Collect the tenancy agreement, the invoice or payment request, bank statements, and all e-mails and messages with the agency. Screenshots of the property listing on the agency’s own website are particularly valuable: they help show that the agency acted for the landlord.
- Establish who the agency worked for. Was the property advertised by the agency itself? Did the agency show you around, hold the keys, or draw up the contract? Each of these points to a mediation relationship with the landlord.
- Send a written demand. State which amount you are reclaiming, on what basis (Article 7:417(4) in conjunction with Article 7:427 of the Dutch Civil Code), and set a deadline of fourteen days. Send it by e-mail with a read receipt, or by registered post, and keep a copy.
- Report it to your municipality. Under the Good Landlordship Act every municipality has a reporting point for improper landlord and agency conduct. A report does not get your money back by itself, but it can trigger enforcement and it strengthens your file.
- Go to the subdistrict court if the agency refuses. A claim for repayment of mediation fees is brought before the kantonrechter (subdistrict court), not before the Rent Tribunal. For claims up to € 25,000 you do not need a lawyer to bring the claim, although legal assistance considerably improves how the case is presented.
Sample refund request
Adapt the wording to your situation and send it by e-mail with a read receipt, or by registered post. Keep a copy and the proof of sending.
Subject: Refund of unlawfully charged fees, [address of the property]
Dear Sir or Madam,
On [date] I entered into a tenancy agreement for the property at [address]. In connection with that tenancy you charged me an amount of € [amount], described on your invoice of [date] as "[description on the invoice]". I paid this amount on [date].
The property was offered by your agency on [website / platform], and my contact with the landlord ran exclusively through you. On that basis you also acted as an intermediary for the landlord. Under Article 7:417(4) of the Dutch Civil Code, read in conjunction with Article 7:427 DCC, an intermediary acting for both parties has no right to remuneration from the tenant where one of the parties is a consumer. That provision cannot be departed from to the tenant’s detriment. The amount charged was therefore paid without legal ground.
I hereby request repayment of € [amount] to [IBAN, in the name of], within fourteen days of the date of this letter. Should payment not be received within that period, I reserve the right to claim statutory interest from the date of payment and to take further steps, including proceedings before the subdistrict court.
I also request copies of any agreements between your agency and the landlord relating to this property.
Yours faithfully,
[name, address, telephone, e-mail]
Enclose or list your evidence: the listing or advertisement (a dated screenshot), the offer or viewing confirmation, the correspondence with the agency, the invoice or payment request, the bank statement showing the payment, and the tenancy agreement.
Important: the Rent Tribunal cannot help you here
Expats are often told to take mediation fees to the Huurcommissie (Rent Tribunal). That is incorrect. The Rent Tribunal rules on matters such as rent levels, service charges and maintenance defects. Mediation fees, agency fees and key money fall outside its remit. Filing there costs you time and the case will not be heard. Address the agency directly and, if necessary, the subdistrict court.
How long do you have?
A claim to recover an undue payment expires five years after you became aware of both the payment and the recipient, and in any event twenty years after the payment itself. In practice this means fees paid several years ago are often still recoverable, but do not wait unnecessarily: evidence becomes harder to obtain and agencies dissolve.
If matters are urgent, for example because a deadline is approaching, interim relief proceedings (kort geding) may be an option. See our article on summary proceedings: when and how the procedure works.
Is the landlord also withholding your deposit? See our article on getting your security deposit back at the end of the lease.
Checklist before you sign or pay
- Ask for an itemised breakdown of every amount, in writing, before you transfer anything.
- Ask one direct question: does the agency also act for the landlord? Save the answer.
- Check whether the property was advertised on the agency’s own website, and take a screenshot.
- Never pay a fee before there is a written agreement setting out all costs.
- Do not pay for viewings, registration or “priority” on a list.
- Keep every invoice, receipt and proof of payment.
- Have the contract checked if anything is unclear, before signing rather than after.
Why work with Arslan Advocaten?
Our tenancy law specialists regularly assist expats in the Dutch rental market. We assess whether the fees charged to you were lawful, send the demand on your behalf, and litigate before the subdistrict court where an agency refuses to repay. We also review your tenancy agreement for other common problems, such as an excessive deposit or an unlawful rent increase clause.
Contact Arslan Advocaten for advice tailored to your situation.
Frequently asked questions
Can an agency charge me fees if it also acts for the landlord?
No. Under Article 7:417(4) in conjunction with Article 7:427 of the Dutch Civil Code an agency may not charge the tenant when it also works for the landlord. Any such fee is void and can be reclaimed in full.
Are administration or contract fees legal when renting in the Netherlands?
Generally not. Processing an application and drawing up the tenancy agreement are part of the agency’s work for the landlord. Renaming the charge does not make it lawful.
Can I reclaim fees I paid in the past?
Yes. A prohibited fee is an undue payment. The claim expires five years after you became aware of the payment and the recipient, and in any event twenty years after payment.
Can the Rent Tribunal order the agency to refund me?
No. The Huurcommissie does not deal with mediation fees, agency fees or key money. Repayment is claimed from the agency directly and, if it refuses, before the subdistrict court.
Does it help to report the agency to my municipality?
It can. Since the Good Landlordship Act entered into force on 1 July 2023, municipalities can enforce the ban on double mediation fees and impose administrative fines. A report does not produce a refund by itself, but it puts pressure on the agency and supports your file.
How much deposit may a landlord ask for?
At most twice the bare rent, under Article 7:261b of the Dutch Civil Code. The deposit must be refunded within fourteen days of the end of the tenancy, or within thirty days where the landlord sets off damage or unpaid amounts, in which case a full written cost specification is required. See our article on the security deposit when renting in the Netherlands.
Conclusion
Agency fees, administration fees, contract fees and key money charged to an expat tenant are almost always prohibited when the agency also works for the landlord. Those payments were made without legal ground and can be reclaimed, including statutory interest. Collect your evidence, send a written demand, report the agency to your municipality, and take the claim to the subdistrict court if it refuses.
For general background on renting in the Netherlands, see the Government of the Netherlands information on rented housing.
Where can I bring a claim for a refund?
Before the subdistrict court, the kantonrechter, and not before the Rent Tribunal. The Huurcommissie rules on matters such as rent levels, service charges and maintenance defects; mediation fees, agency fees and key money fall outside its remit, so filing there costs you time and the case will not be heard. Address the agency directly first, with a written demand setting a deadline of fourteen days, and report the matter to your municipality under the Good Landlordship Act. For claims up to € 25,000 you are not required to instruct a lawyer, although legal assistance considerably improves how the case is presented.
