Rent Arrears and Collection Costs in The Hague
Rent arrears arise when you as a tenant in The Hague fail to pay the rent on time. Landlords may then claim collection costs, but this often raises questions and disputes. In this article you will find all the info on your rights in case of rent arrears, the legal frameworks for collection costs and practical steps for defence, specifically for The Hague.
What does rent arrears entail and what collection costs are there?
In case of rent arrears, you pay the rent late, incidentally or structurally. The landlord in The Hague can respond with a reminder or engage a collection agency.
Collection costs cover expenses such as:
- Reminder letters
- External collection assignments
- Court costs in summary proceedings or conservatory attachment at The Hague District Court
- Internal management costs
Passing on costs to the tenant is permitted, provided it complies with law and regulations.
Legal Frameworks
Important laws for rent arrears and collection costs:
- DC Book 7, Title 3: Lease rights, including termination in case of payment problems.
- Rent Allowance Act: Support for low incomes in The Hague.
- Judicial Organization Act: Proceedings via The Hague District Court, Prins Clauslaan 60.
- General Lease Conditions: Standard provisions for cost allocation.
Pursuant to Article 7:203 DC, termination may follow in case of two months' arrears or repeated monthly arrears.
Conditions for Collection Costs
Costs must be reasonable and proportionate:
- Proportionality: Tailored to the amount of the debt.
- Proven necessity: Landlord must submit invoices.
Often a percentage (5-10%) of the arrears applies, but this must be defensible. Unreasonable rates are challengeable at the The Hague District Court.
Concrete Cases
For €500 arrears and €75 collection (15%) you can dispute this as disproportionate, especially in case of communication problems. For €200 administration costs for unnecessary letters: protest in writing.
Your Rights as a Tenant in The Hague
Rights
- Challenge: By letter or via The Hague District Court, Prins Clauslaan 60.
- Payment arrangement: Request from landlord or Rent Tribunal.
- Free advice: Legal Counter The Hague, Lutherse Burgwal 10.
Obligations
- Proactively communicate about payment issues.
- Accept reasonable costs if proven necessary.
Step-by-Step Plan for Collection Costs
- Check invoices for reasonableness.
- Send motivated response within 14 days.
- Seek help from Legal Counter The Hague (Lutherse Burgwal 10) or Rent Tribunal.
- In case of escalation: summons at The Hague District Court.
Help in The Hague
- The Hague District Court: Prins Clauslaan 60, for summary proceedings and judgments.
- Legal Counter The Hague: Lutherse Burgwal 10, free consultation.
- Rent Tribunal: Mediation for payment arrangements.
Act in time to prevent eviction. In case of rent allowance problems: check your entitlement to allowance.