For independent rental properties in the free sector, for a long time it was custom that you could increase the rent freely (without rules) as a landlord. This has changed as of May 1, 2021. As of May 2021, you are not allowed to increase the rent as much as you want. Since that date, the maximum rent you may increase is the inflation rate + 1%. Thus, if inflation is 2.3% in 2022, rents may be increased by up to 3.3% that year.
Please note that this arrangement is for 3 years, i.e. May 1, 2021 to May 1, 2024.
The minister sets the inflation rate!
Note: a common mistake is to assume the CBS inflation rate. It’s not good. The statutory inflation rate based on which these rents may be increased is a very different inflation rate. This is because this inflation rate is set each year by the Minister of Housing and Spatial Planning and can vary greatly from the actual inflation rate.
For example, the inflation rate set by the minister for the purpose of maximum rent increases in 2021 was set at 1.4% but the actual CPI inflation rate was 2.7%.
Until when to reclaim illegal rent increases?
Up to 5 years after an illegal rent increase, as a tenant you can reclaim the unjustified rent increase.
How often are you allowed to increase the rent of a house in the free sector?
This is allowed a maximum of 1 time per year.
Liberalized and non-liberalized rent
For the free sector (liberalized) rent, not much more rules apply than described above. For non-liberalized rents, a lot more rules apply when it comes to rent increases, but they are not covered in this article now.
Can the tenant terminate or rescind the lease if the rent is increased?
There is no longer a possibility of termination of tenant in case of refusal of higher rent if the property is rented in the free sector. But note that the rent may therefore only be rented at a maximum of the inflation rate + 1% set by the Minister and not more than once a year. What if you did make other agreements about rent increases with the tenant?
Then these agreements are null and void. In other words, they do not apply and do not hold up in court.