Since 1 July 2024 the Affordable Rent Act (Wet betaalbare huur) caps the rent of most Dutch rental homes up to 186 points under the housing valuation system, including the mid-market rental segment of 144 to 186 points. The main exception: for mid-market rental homes the new cap applies to existing leases only when the home is let to a new tenant.
The Act amended Book 7 of the Dutch Civil Code (BW), the Rent Implementation Act (Uitvoeringswet huurprijzen woonruimte, Uhw), the Rent Prices Decree (Besluit huurprijzen woonruimte) and the Good Landlordship Act (Wet goed verhuurderschap, Wgv). If you rent or let a home in the Netherlands, these rules decide what the rent may lawfully be.
Table of contents
What does the Affordable Rent Act change?
Three changes matter most. Rent control was extended from social housing to the mid-market rental segment; the points-based maximum rent became binding; and the points system itself was modernised.
Under Article 2a Wgv a landlord may not let a self-contained home for more than the maximum rent under Article 10(1) Uhw, unless that maximum exceeds the 186-point amount. The same applies to rooms and other non-self-contained housing. Charging more is unlawful in itself, whether or not the tenant complains.
How does the points system work?
The housing valuation system (woningwaarderingsstelsel, WWS) scores a home on measurable features and converts the total into a maximum basic rent, excluding service charges. Under Article 5 of the Rent Prices Decree the scoring tables are in Annex I: part A for self-contained homes, part B for rooms.
Points are awarded for floor area, kitchen and bathroom fittings, energy label, outdoor space and the WOZ value (the municipal property valuation). For homes above 186 points, the WOZ share of the score is capped at 33%; if that cap would bring the home below 187 points, it scores 186. Under Article 12(2) of the Decree the euro amounts are indexed every 1 January, so use the figures for the year the lease starts.
Do rooms have a maximum rent too?
Yes. Rooms and other housing with a shared kitchen or bathroom are valued under part B of Annex I, and under Article 2a(3) Wgv the maximum is binding whatever the score. There is no free sector for rooms.
Which surcharges apply?
Article 8a of the Rent Prices Decree raises the maximum rent in specific cases. These surcharges are among the few lawful routes to a higher maximum.
- National monument (rijksmonument): 35% for leases concluded after the Act took effect; older leases receive 50 extra points instead.
- Municipal or provincial monument: 15%.
- New-build mid-market rental home first occupied after 1 July 2024, with construction started before 1 January 2028: 10% for twenty years.
- Home built before 1965 in a protected townscape and not itself a monument: 5%.
Which segment is your home in?
The points score decides, not the advertised rent. A home scoring 160 points is a mid-market rental home even if it is advertised at a free-sector rent.
| Segment | Points (WWS) | Rent regulation |
|---|---|---|
| Social (regulated low segment) | Up to 143 | Fully regulated; maximum rent binding |
| Mid-market rental (middenhuur) | 144 to 186 | Regulated since 1 July 2024; maximum rent binding for new leases |
| Free sector | 187 and above | No maximum starting rent; annual increase capped |
The euro boundaries corresponding to 143 and 186 points are indexed each 1 January and published by the government and the Rent Tribunal (Huurcommissie).
What about leases signed before 1 July 2024?
Under Article 208e of the Transitional Act for the new Civil Code (Overgangswet nieuw Burgerlijk Wetboek) the new rules generally do not apply to leases concluded before they took effect. One exception: since 1 July 2025 they also apply to older leases of self-contained homes whose points-based maximum rent is below the liberalisation threshold, even if the home was let as a free-sector home.
For a sitting tenant of a mid-market rental home (144 to 186 points) on a pre-July 2024 lease, the new cap therefore does not apply until the home is re-let. It is still worth counting the points: a flat that looks mid-market rental can score 143 or less once a poor energy label is taken into account.
Must the landlord give you a points statement?
Yes. Under Article 2 of the Good Landlordship Act the landlord must give the tenant written information on the points score on the start date of the lease and the corresponding maximum rent, with proof of any surcharge. Ask for it in writing; if none comes, report it to the municipality.
How are the rules enforced?
Municipalities enforce the maximum rent and the cap on annual increases under Articles 2a and 2b Wgv, which are rules of good landlordship. Since 1 January 2025 they can act on their own initiative with a warning, an order subject to a penalty, an administrative fine and, for repeated breaches, management takeover. Under Article 4 Wgv every municipality has a reporting point (meldpunt) for tenants.
Tenants keep their own remedies. Under Article 7:249 BW you can ask the Rent Tribunal to test the initial rent up to six months after the lease started. After that, under Article 7:254 BW, you can propose a rent reduction; if the landlord refuses, you can ask the Rent Tribunal for a ruling within six weeks after the date the reduction should have taken effect.
How much may the rent go up each year?
Annual increases are capped separately and reset every year. Under Article 2a(4) Wgv a landlord may not apply an increase above the maximum percentage set under Article 10 Uhw.
For free-sector and mid-market rental leases, Article 10(3) Uhw sets the maximum percentage by a formula based on inflation and wage development; for social housing, the percentage is set by ministerial regulation. A lower percentage in your contract prevails. Check the figure for the year of the increase on rijksoverheid.nl, and see our guide to the annual rent increase.
How does the Act fit with the rest of rental law?
The Good Landlordship Act, in force since 1 July 2023, also requires a written lease and bans discrimination and intimidation. Under Article 7:261b BW the deposit is at most twice the basic monthly rent and must be repaid within 14 days after the lease ends, or 30 days if there is damage.
Since 1 July 2024 the Fixed-Term Tenancy Act (Wet vaste huurcontracten) has made open-ended leases the norm for self-contained homes. Temporary leases are allowed only for categories set out in the Affordable Rent Decree (Besluit betaalbare huur), such as certain students and interim lets. Service charges sit outside the maximum rent; only permitted items may be charged, with an annual cost statement.
What should you check as a tenant?
- Ask the landlord in writing for the points statement required by Article 2 Wgv.
- Count the points yourself with the Rent Tribunal’s rent check, using floor areas, energy label and WOZ value.
- Check your lease date against the transitional rules of Article 208e.
- Note the six-month deadline of Article 7:249 BW for testing the initial rent.
- Report overcharging to the municipal reporting point, and do not simply stop paying rent.
What should you check as a landlord?
- Score every unit under the current WWS, per unit, and keep the calculation.
- Check whether a surcharge under Article 8a of the Rent Prices Decree applies, and keep the evidence.
- Consider improving the energy label: it is the most direct lawful route to a higher maximum rent.
- Charge only permitted service charges and provide an annual cost statement.
- Check rent-increase clauses against the annual cap under Article 10 Uhw.
What can we do for you with the Affordable Rent Act?
Our tenancy lawyers advise tenants and landlords in English:
- We calculate the points score and maximum rent of your home or portfolio.
- We check whether your lease falls under the transitional rules of Article 208e.
- We prepare and file a request to the Rent Tribunal within the statutory deadline.
- We review rent-increase and service-charge clauses in your standard lease.
- We respond to a warning, penalty order or fine from the municipality.
Summary
- Since 1 July 2024 homes up to 186 points have a binding maximum rent (Article 2a Wgv).
- Mid-market rental homes (144 to 186 points) are regulated for new leases; older mid-market rental leases are covered only on re-letting.
- Since 1 July 2025 older free-sector leases of homes below the liberalisation threshold are also covered.
- Landlords must give a points statement; municipalities enforce the rules since 1 January 2025.
- Tenants can test the initial rent within six months (Article 7:249 BW).
Frequently asked questions
When did the Affordable Rent Act come into force?
On 1 July 2024. It applies to leases concluded from that date. Older leases are covered only in the cases set out in the transitional rules, such as homes below the liberalisation threshold let as free-sector homes, which are covered since 1 July 2025.
How do I know whether my home is social, mid-market rental or free sector?
The points score under the housing valuation system decides, not the advertised rent: up to 143 points is social, 144 to 186 points is mid-market rental and 187 points or more is free sector.
My mid-market rental flat is overpriced but I signed in 2023. Can I force the rent down?
Generally not under the new cap, which applies to mid-market rental homes only when they are re-let. If your home in fact scores 143 points or less, the rules have applied to your lease since 1 July 2025, and you can propose a reduction.
What if my landlord does not give me a points statement?
Ask for it in writing and keep the request. Failing to provide it breaches Article 2 of the Good Landlordship Act, which the municipality enforces, so you can report it to the municipal reporting point.
