Around the Spui and in the Duinoord district, tenants suddenly find their monthly expenses under pressure following a ruling by the Hoge Raad. Thousands of contracts in the free sector in Den Haag contain a WOZ clause that is now subject to strict limits.
The case and context in Den Haag
Over the past few years, landlords have passed on substantial WOZ increases. A property on the Laan van Meerdervoort could easily become 18 percent more expensive on paper. Tenants paid for this increase through their monthly rent. This practice led to proceedings before the Rechtbank Den Haag.
Three principles from the ruling
The Hoge Raad sets out three clear lines:
1. WOZ linkage does not justify automatic increases
Rising WOZ values often reflect speculation rather than improved living quality. Tenants should not bear the cost of this speculation premium.
2. Substantiation per property is mandatory
Landlords must demonstrate that maintenance, quality or neighbourhood development justify the increase. A mere municipal valuation is insufficient.
3. Clauses without a cap are voidable
WOZ linkages without a limit or exception qualify as unreasonably onerous (article 6:233 BW). Tenants may claim annulment.
Impact on tenants
- Increases above inflation plus demonstrable maintenance are contestable
- Overpaid amounts can be reclaimed for up to three years
- Written objection within six weeks of notification is required
- Disputes are handled by the Huurcommissie or the subdistrict court of the Rechtbank Den Haag
Adjustments for landlords
Existing contracts:
- Convert WOZ clauses to an inflation-plus-maintenance model
- Prepare written substantiation for every subsequent increase
- No automatic threat of termination upon objection; this entails additional risks
National trends and local effects
The ruling fits within a series of tenant-friendly judgments. In Den Haag, legal experts anticipate additional proceedings at the Juridisch Loket Den Haag. Further restrictions on automatic indexations are scheduled for 2026 and 2027.
Step-by-step plan for tenants in Den Haag
Have you received a WOZ increase in the past three years that you considered excessive? Request written substantiation from your landlord. Keep all emails and letters. Contact the Juridisch Loket Den Haag or a specialist at the Arslan-kantoor for an assessment. The three-year reclamation period (article 3:309 BW) starts to run once you could reasonably have been aware of the unlawfulness.