Renovation and rent increase: what may your Dutch landlord charge?

A Dutch landlord may raise the rent after a renovation only if the work actually improves the home and the increase is in reasonable proportion to what the landlord spent. Ordinary maintenance and repairs never justify a higher rent, and for regulated homes the new rent may not exceed the maximum under the housing valuation system (woningwaarderingsstelsel, WWS) (Article 7:255 of the Dutch Civil Code, BW).

Most disputes turn on two questions: is the work really a renovation, and is the landlord’s proposal reasonable? This page explains both, the deadlines, the relocation allowance and when to go to the rent tribunal (Huurcommissie) or the subdistrict court (kantonrechter). See also your rights as a tenant.

What counts as renovation?

Renovation means demolition with replacement new build, or partial renewal by alteration or addition (Article 7:220(2) BW). After the work the home is better than before, not merely repaired.

Two other categories do not support a rent increase. Urgent works (dringende werkzaamheden) are works that cannot reasonably be postponed; you must allow them (Article 7:220(1) BW), but they do not improve the home. Ordinary maintenance, such as replacing a broken boiler with an equivalent one or fixing a leak, is the landlord’s job under Dutch tenancy law and is already included in your rent.

Energy measures are the main example in practice. Roof or façade insulation, high-efficiency glazing, a heat pump or solar panels usually count as improvements. If a package mixes improvements and repairs, ask the landlord to split the costs: only the improvement can carry an increase.

When must you cooperate with a renovation?

When the landlord makes a reasonable proposal in writing (Article 7:220(2) BW). If the proposal is reasonable, you must allow the work; if it is not, you may refuse.

A serious proposal states what the work involves, why your cooperation is needed, how long it takes, what it costs, what rent increase is proposed and how you are housed during the work. The law sets no notice period for the proposal itself, but the landlord cannot start the work on the basis of a letter you have not accepted. If you refuse, the landlord can ask the subdistrict court to rule on reasonableness. The landlord’s obligations continue during the work.

What if most of your neighbours agree?

If the renovation concerns ten or more homes or business units that form a structural unit, the proposal is presumed reasonable once 70% or more of the tenants have agreed (Article 7:220(3) BW).

If you did not agree, you can ask the court to rule on the reasonableness of the proposal within eight weeks after the landlord’s written notice that the 70% threshold has been reached. If you miss that deadline, the presumption stands against you.

Can the landlord end the tenancy to renovate?

Only through the statutory termination grounds (Article 7:220(4) BW). Renovation does not end a tenancy by itself.

Renovation that cannot be done without ending the tenancy counts as urgent own use (Article 7:274(1)(c) and (3) BW). You may refuse the notice of termination; the landlord must then go to the subdistrict court. The court only terminates the tenancy if the urgency is shown, you can obtain other suitable housing and the balance of interests favours the landlord. See also our page on the eviction process.

Keep two questions apart: refusing a rent increase is not the same as refusing the work. Object to the money in writing, but allow the builders in once the proposal is reasonable.

Do you get a relocation allowance?

Yes, if the renovation requires you to move out of a home. The landlord must contribute to your moving and refurnishing costs (Article 7:220(5) BW).

For self-contained homes, caravans and pitches the minimum contribution is set by ministerial regulation and adjusted each year before 1 March in line with the consumer price index (Article 7:220(6) BW). Check the amount in force on the date of the proposal; anything above the minimum is negotiable. If you must leave temporarily, the proposal should also cover comparable temporary housing and the dates. Nuisance short of moving out can be a defect (Article 7:204 BW) that justifies a rent reduction (Article 7:207 BW).

How much extra rent can a renovation justify?

That depends on the segment your home is in. In the regulated segments the WWS caps the rent; in the liberalised segment the tenancy agreement decides.

For a regulated home, the rent may be increased by an amount in reasonable proportion to the landlord’s costs, but the new rent may not exceed the maximum the WWS points allow (Article 7:255(1) BW). In practice the Huurcommissie divides the investment by the economic lifespan of the improvement and deducts subsidies the landlord received. If the landlord already charges the maximum, the improvement adds nothing unless it raises the points.

For a liberalised home the Huurcommissie has no say on the rent level. A clause in the tenancy agreement allowing an increase after improvements is the basis; without one, the landlord needs your agreement or a court ruling. See our article on the annual rent increase.

Which segment is your home in?

Since 1 July 2024 the Affordable Rent Act (Wet betaalbare huur) divides self-contained homes into three segments by WWS points: social housing, the regulated mid-market segment and the liberalised segment. The point boundaries and maximum rents are set by regulation and indexed each year; use the Huurcommissie’s online rent check rather than a figure in an older article.

In the two regulated segments, a tenant can ask the Huurcommissie to assess the initial rent within six months after the start of a first tenancy of that home (Article 7:249 BW).

What are the deadlines for objecting?

A rent increase must be proposed in writing at least two months before it takes effect, stating the current rent, the increase, the new rent, the start date and how you can object (Article 7:252 BW). A late or incomplete proposal can be challenged on that ground alone.

• Increase after improvement (regulated home). If you cannot agree on the amount, either party may ask the Huurcommissie for a ruling within three months after the work is completed (Article 7:255(2) BW).
• Annual increase. Object in writing before the proposed start date; silence counts as acceptance. The landlord can then ask the Huurcommissie for a ruling within six weeks after that date (Article 7:253(1) BW).
• Huurcommissie decision. Either party can bring the matter before the subdistrict court within eight weeks after the decision was sent; otherwise the decision binds both (Article 7:262 BW).
• Complex of ten or more homes. Eight weeks after the 70% notice to ask the court to rule on reasonableness (Article 7:220(3) BW).

Huurcommissie or subdistrict court?

The Huurcommissie rules on the rent of regulated homes: the initial rent, the annual increase, an increase after improvement, service charges and rent reductions for defects. The subdistrict court decides whether a renovation proposal is reasonable, all disputes on liberalised rents and indexation clauses, and termination of the tenancy.

Many liberalised agreements allow an annual increase of inflation plus a surcharge. On 29 November 2024 the Supreme Court held that the indexation and the surcharge are separate terms, and that a surcharge of up to 3% a year is in principle not unfair; if a surcharge is unfair in the circumstances, only the surcharge falls away (ECLI:NL:HR:2024:1780). Have such a clause checked against the rules on unfair contract terms.

What should you check as a tenant?

• Is the work an improvement, or maintenance and repair that the landlord must pay for?
• Is the proposal in writing and does it state the work, the cost, the increase and your housing during the work?
• Has the landlord deducted subsidies and used the economic lifespan of the work?
• In a complex: when did you receive the 70% notice, and does your eight-week deadline run?
• Have you objected in writing before the proposed start date of an increase?
• Have you photographed the home and recorded the dates on which work started and finished?

What should you check as a landlord?

• Is your proposal written, specific and reasonable within Article 7:220(2) BW?
• Have you separated improvement costs from maintenance costs?
• For a regulated home: does the new rent stay within the WWS maximum after the work?
• For a liberalised home: does the tenancy agreement contain a valid clause for an increase after improvement?
• Have you offered the statutory minimum relocation allowance where tenants must move?

What can we do for you with renovation and rent increases?

Our tenancy lawyers act for tenants and landlords.

• We assess whether a renovation proposal is reasonable and whether the work is an improvement.
• We check the proposed increase against the investment, subsidies and WWS points.
• We draft your written objection or your renovation proposal.
• We conduct proceedings before the Huurcommissie and the subdistrict court within the statutory deadlines.
• We review indexation and price-increase clauses in liberalised tenancy agreements.

Summary

• Only real improvements justify a rent increase; maintenance and repairs do not.
• You must cooperate with a renovation only if the landlord’s written proposal is reasonable (Article 7:220(2) BW).
• In a complex of ten or more units, 70% consent makes the proposal presumed reasonable; you then have eight weeks to go to court.
• For regulated homes the increase must be proportionate to the costs and stay within the WWS maximum (Article 7:255 BW).
• If you must move out, the landlord pays at least the statutory minimum relocation allowance.

Frequently asked questions