Rent protection in housing: here's how it works!

Tenants of housing enjoy the most extensive form of rent protection in the Netherlands. This means that the landlord may not simply terminate the lease, but must adhere to very strict rules and conditions in order to do so. How exactly does that work? Conner Canters is a lawyer specializing in the rental law and explains the situation.

When does rent protection apply?

Rent protection applies to the rental of housing. Here you can think of the rent of a house, apartment, a room or a caravan with a fixed pitch. The degree of rent protection depends, among other things, on the term of the contract. With temporary tenancy (to the extent that it is still permitted), rent protection is limited, while with an indefinite contract, rent protection is extensive.

Rent protection in temporary lease

For example, a fixed-term lease can be a lease of up to 2 years for an independent living space, such as a house or apartment. It can also be a rental agreement of up to 5 years for the rental of a non-self-contained living space, such as a room. As of this year, however, these rental agreements are only in a limited circumstances allowed.

Fixed-term lease could only last until July 1, 2024

If there is still a temporary lease, its expiration must be given timely notice. The landlord may do so no earlier than 3 months before the end, but no later than 1 month before that definite period has expired. During that period, he must notify the tenant in writing when the lease is ending. Does the landlord fail to meet this deadline? Then the lease then continues indefinitely.

Rent protection in indefinite rental agreement

If there is an indefinite lease, the landlord must follow the following rules when terminating the lease:

1. The landlord must notify the tenant with a writ or registered letter that the lease is ending, along with the grounds* that led to the termination.
2. The tenant should be explicitly asked to let us know within 6 weeks whether he agrees to the termination of the agreement.
3. The landlord must adhere to a notice period that cannot be less than 3 months. For each year the tenant has occupied the property, that period is extended by 1 month to a maximum of 6 months.

Residential lease termination by mutual consent

However, by mutual agreement, the lease can always be terminated. However, if the tenant does not consent to the termination, or does not respond, the agreement continues. If the landlord does not get the tenant's consent, the landlord can file an action in court to terminate the lease.

Terminate residential lease: these are the valid grounds

If the landlord wants to terminate the lease and the tenant does not agree, he can file a starting proceedings in court. For a successful appeal to court, there must be one of the following seven grounds:

1. The tenant did not behave as a good tenant.
   By not paying rent for months, for example, or causing a nuisance to local residents.
2. There is a diplomatic clause.
   This states that the landlord will return to his property after a certain period of time and the tenant must move out.
3. There is urgent own use.
   For example, because of a renovation or divorce. The landlord must therefore make this plausible.
4. The tenant does not agree to change the lease.
   For example, the landlord may make an offer of a new lease after the property is serviced.
5. The landlord has construction plans on the site.
   This is only possible if the plans for it fit within the environmental plan and have been approved by the municipality.
6. The landlord of a hospice property has other interests
   When renting a hospice property, the landlord may terminate the tenancy if he makes it plausible that his interests in terminating the tenancy outweigh those of the tenant in continuing it.
7. Flex home's environmental permit expires
   When renting a flex home, which has been granted an environmental permit with a term of up to 15 years, the landlord can terminate the lease at the end of that term. Provided that that an environmental permit is described in the agreement.

Residential rental protection is mandatory law

Rent protection on housing is mandatory in nature. This means that the rules may only be deviated from if this is not to the disadvantage of the tenant. Does the lease contain a deviating provision that is to the disadvantage of the tenant? Then the clause is voidable or null and void.

Rental law attorney to terminate lease agreement residential property

Do you have any questions as a result of this blog? As a landlord, do you want to know what your rights are? Or would you like to know whether you can invoke rent protection as a tenant? Lexys is a law firm specializing in rental law and can assist you with advice and assistance. Feel free to contact our tenancy law lawyer through the website or call 010 600 2300.