Am I paying too much rent? Rent check, points and rent reduction

If you pay more than the maximum rent that corresponds to the number of points of your home, you can ask for a rent reduction. If you have lived there for less than six months, this goes through the review of the initial rent (article 7:249 of the Civil Code) and a reduction applies retroactively to the start date of the contract. If you have lived there longer, you first make a proposal for a rent reduction to the landlord yourself, and only after that can the Rent Tribunal (Huurcommissie) become involved.

What you can do now

1. Get out your tenancy agreement and note down two things: the date on which it took effect and the basic rent, i.e. excluding service charges.
2. Use the Rent Check (Huurprijscheck) of the Rent Tribunal. It calculates the number of points and the maximum basic rent.
3. If your contract was concluded on or after 1 January 2025, check whether a points calculation was included: since then the landlord has been obliged to attach one to every new tenancy agreement.
4. Have you lived there for less than six months? Then the review of the initial rent is the route, and that time limit is strict.
5. Have you lived there longer? First send the landlord a written proposal for a rent reduction, with the result of the Rent Check attached.

What does it depend on?

On the number of points of the home, not on what you pay. The housing valuation system (woningwaarderingsstelsel, WWS) awards points for, among other things, floor area, facilities, energy label and the WOZ value. That number of points corresponds to a maximum basic rent. Since the Affordable Rent Act (Wet betaalbare huur) of 1 July 2024, the system has become mandatory up to and including the mid-rent limit, so that it covers many more homes than before.

The points and price limits are set again periodically. So always calculate with the current Rent Check and not with a table from a previous year.

Have you lived there for less than six months?

Then the initial rent is the route, and it is the most favourable one. Article 7:249 of the Civil Code gives you the right, up to six months after the moment your first tenancy agreement for that accommodation took effect, to ask the Rent Tribunal to decide on the reasonableness of the agreed rent.

The difference from a later rent reduction is considerable. The Rent Tribunal assesses the situation as at the start date, and under article 7:262 of the Civil Code its decision replaces what you had agreed. The reduction therefore applies retroactively to the start date of the tenancy agreement, and you can reclaim rent you have overpaid.

Two things to be clear about. What counts is the start date of your first tenancy agreement for that home, not that of an extension or follow-up contract. And the time limit is strict: once it has passed, this route is closed, however unreasonable the rent may be.

With a temporary contract, the time limit depends on the contract date:

• Concluded before 1 July 2024: a review is possible during the term and up to six months after the contract ends.
• Concluded on or after 1 July 2024: only within six months. That extension lapsed with the Permanent Tenancy Agreements Act (Wet vaste huurcontracten).

Source: Huurcommissie, assessing the rent for a new or temporary contract.

Have you lived there for more than six months?

Then you first make a proposal for a rent reduction to the landlord yourself. In it, state the basic rent you currently pay, the lower rent you propose on the basis of the points calculation, the difference, and the effective date. That effective date cannot be earlier than two full calendar months after the proposal is sent. Attach the result of the Rent Check.

If the landlord agrees, the lower rent takes effect on the proposed date and nothing more needs to be done. If the landlord does not agree or does not respond, you can turn to the Rent Tribunal. Do so within six weeks after the effective date you proposed, otherwise the option lapses. Unlike with the initial rent, this reduction does not apply retroactively to the start of the contract.

Whether this procedure is available depends on your situation:

Source: Huurcommissie, assessing rent and points.

Is the energy label correct?

The energy label counts towards the points, but you cannot have it assessed separately. If you have doubts about it, raise them in the case you are starting anyway, for example the review of the initial rent or the rent reduction based on points. The Rent Tribunal will then take it into account. An incorrect label can noticeably shift the number of points and therefore the maximum rent.

And what if there are also defects?

Serious maintenance defects that already existed when you rented the home can lead to a further, temporary reduction in the review of the initial rent. For that, you do not first have to report them to the landlord. If the defects arose later, a separate route applies, and then it is the case that a temporary rent reduction in principle only takes effect from the moment the defects are reported.

*Further reading: Your landlord does not repair the defects.*

What you had better not do

• Paying less rent on your own initiative. Even if the rent is demonstrably too high, this creates rent arrears, and rent arrears are the most common ground for termination and eviction. Keep paying and reclaim the difference.
• Calculating with an old table. Points and price limits change periodically; use the current Rent Check.
• Letting the six-month time limit expire. Put the end date in your diary on the day you sign.
• Including the service charges. What counts is the basic rent. Service charges have their own route.

*Further reading: Checking and reclaiming service charges and Your rent increase is too high or incorrect.*

When should you call us in?

For an ordinary rent check, you can usually manage on your own. Call us if more is at stake: the landlord disputes the points calculation or the floor area, you are in the free sector and a decision is not binding, there is a dispute about service charges or defects in addition to the rent, or the landlord responds with a notice of termination or rent arrears proceedings as soon as you ask for a reduction. The latter does happen and is rarely a coincidence.

Frequently asked questions

How do I know whether my rent is too high?
Use the Rent Check of the Rent Tribunal. It calculates the number of points of your home under the housing valuation system and the corresponding maximum basic rent. If your basic rent is higher than that, you can ask for a rent reduction.

I have lived there for less than six months. What can I do?
Then you can have the initial rent reviewed by the Rent Tribunal (article 7:249 of the Civil Code). In that case a reduction applies retroactively to the start date of the tenancy agreement, so that overpaid rent can be reclaimed. The six-month time limit is strict.

I have lived there for more than six months. Can I still do anything?
Yes. You then first make a written proposal for a rent reduction to the landlord yourself, with an effective date at least two full calendar months later. If the landlord does not agree or does not respond, turn to the Rent Tribunal within six weeks after that effective date.

Does this also apply in the free sector?
For homes with 187 points or more, there is no maximum rent and a rent reduction based on points is not possible. The Rent Tribunal can sometimes assess whether the rent is reasonable, but such a decision is not binding.

May I start paying less rent while the procedure is ongoing?
No. Keep paying the agreed rent. Paying less on your own initiative creates rent arrears, and that is the most common ground for termination and eviction. Keep paying and reclaim the difference afterwards.

Does the energy label count?
Yes, the energy label counts towards the number of points. You cannot have it assessed separately, but you can have it taken into account in a case about the initial rent or about a rent reduction based on points.

Want to talk it over?

Call 070 450 0300 or send your tenancy agreement and the result of the Rent Check via our contact form. The first conversation is free of charge and confidential. We have six offices and can also help you in Turkish, Polish and English. More about our services: tenancy law.