By our economics editors
09 Feb 2024 at 16:32
A landlord in Rotterdam has been struck back by the judge due to an unjust rent increase. The landlord had increased the price equal to inflation, plus 3 percentage points. But the judge thought that was too harsh.
A rent increase may not be higher “than is justified on the basis of a reasonable assessment of the market”, the subdistrict court in Rotterdam decided. He thus declared the intended rent increase invalid.
The ruling explains that a rent increase that goes beyond inflation plus 1 percentage point is not necessarily unfair. But in that case, the landlord would have to prove that rents elsewhere in the market are also rising as sharply.
But the latter was not the case here. Landlord Altera Vastgoed has discussed the average rent increases in Rotterdam in recent years. According to the judge, these figures show that rents increased by an average of 2.5 percent, with inflation of about 1.5 percent.
Ultimately, the tenant in this case was charged 874.71 euros too much in rent over a period of more than a year. But the tenant will not receive that money back, because in this case there is a large rent arrears. The excess rent charged will therefore be deducted from the outstanding amount that the tenant still owes to Altera Vastgoed. According to the judgment, this amounts to more than 15,000 euros.
Woonbond sees exorbitant rents more often
According to tenant interest group the Woonbond, the case is not an isolated case. Several lawsuits have now shown that landlords have implemented unjustified rent increases, a spokesperson explains. He points out that many of the cases have been adjourned. This is because the Amsterdam court decided in two cases at the beginning of October to ask additional questions about the subject to the Supreme Court.
“With the answers from the Supreme Court, we will find out, among other things, whether the annulment of the rent increase clause may lead to a statute of limitations.” So it remains to be seen whether all Dutch people who feel that they are dealing with extortionate rents will soon be able to claim money back.
The House of Representatives will soon also discuss a bill by outgoing Minister Hugo de Jonge (Home Affairs) that should protect tenants in the private sector against excessively high rents.
2024-02-09 15:32:43
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