Unreasonable Rent Increase in The Hague: Your Rights as a Tenant
A rent increase can put significant pressure on your finances, especially in a city like The Hague where rent prices are already high. But when is a rent increase unreasonable and what can you as a tenant do to protect yourself? In this article, we discuss the statutory rules surrounding rent increases, what is considered unreasonable and how you can take action in The Hague.
When is a rent increase unreasonable?
A rent increase is considered unreasonable if it exceeds the statutory limits or does not match the condition and value of the property. In the Netherlands, and therefore also in The Hague, the rules differ for social housing (below the liberalisation threshold) and liberalised housing (above it). Social housing has a maximum percentage for increases set by the government, while for liberalised properties, the rent agreement provisions are leading, within reasonable limits.
Statutory rules in the Civil Code
The legislation on rent increases is set out in Book 7 of the Civil Code (BW), specifically in articles 7:252 and following. These rules determine the obligations and rights of tenants and landlords. Article 7:252a BW states that rents for independent living spaces may only be increased in accordance with the statutory guidelines. For liberalised housing (article 7:253 BW), the rent is free, but increases must be reasonable and contractually agreed.
Maximum rent increases for 2024-2025
For social housing in The Hague and elsewhere, the following maximum percentages apply:
| Year | Maximum increase (standard) | Maximum increase (higher income) | Statutory basis |
|---|---|---|---|
| 2024 | Inflation + 1.5% | Inflation + 2.5% | Implementation of Housing Rent Act |
| 2025 | Inflation + 1.0% | Inflation + 2.0% | Implementation of Housing Rent Act |
| Liberalised | As per contract | As per contract | Civil Code 7:253 |
| Social (max) | Up to liberalisation threshold | Up to liberalisation threshold | Civil Code 7:252a |
Important: Tenants in the social sector with a higher income may face an additional increase, depending on the annual government rules.
When is a rent increase in The Hague unreasonable?
A rent increase may be unreasonable in these cases:
1. Above the statutory limit
If the landlord demands a higher percentage than permitted for social housing, this is unreasonable and you can file an objection.
2. No proper notice
According to article 7:254 Civil Code, a rent increase must be notified in writing at least two months in advance. If this does not happen, the increase is invalid.
3. No relation to property quality
In case of defects or poor maintenance, a rent increase may be unjustified. You can challenge this via the Rent Tribunal.
4. Multiple increases per year
For social housing, only one increase per year is permitted, often as of 1 July, as stated in the contract.
5. No improvements carried out
If a rent increase is based on improvements that have not been or poorly carried out, you can object to this.
Taking action in The Hague
If you suspect an unreasonable rent increase, follow these steps:
1. Check the rules
Determine whether you live in social or liberalised housing and whether the increase falls within the statutory limits. You can find information about this on the Government website.
2. Contact the Legal Aid Office The Hague
For free legal advice, you can go to the Legal Aid Office The Hague, located at Lutherse Burgwal 10. They will help you assess your situation.
3. File a complaint with the Rent Tribunal
If you cannot reach an agreement with the landlord, you can submit your case to the Rent Tribunal. They handle disputes about rents and increases.
4. Involve the District Court of The Hague
For complex cases, you can start a procedure at the District Court of The Hague, located at Prins Clauslaan 60. Make sure to engage legal assistance for a strong case.