Rent increase and retroactivity: Legal Information

Questioner

Can I increase the rent retroactively up to 3 years back? Since 2011 I have been renting an apartment through a liberalized rental contract. The contract contains the following clause: 'Annually, in the month of July, for the first time on July 2012, the rent shall be adjusted on the basis of the consumer price index all families (CPI-Alle Huishoudens), as published by the Central Bureau of Statistics (basis 2006 =100). For its calculation a fraction is used of which the numerator represents the consumer price index of the month four months before the date of calculation and the denominator the consumer price index of the month sixteen months before that same date The rental shall, however, never be lower than was applicable before the adjustment. The adjusted rent also applies if lessee was not specifically notified.' According to the CBS, the rent can be increased to 5 years back. Tenant disagrees and asks what this is based on. I look forward to your response with interest. Kind regards.

Lawyer

yes, in the case of liberalized rental agreements, the rent to be adjusted according to the contract can be claimed for up to 5 years on the basis of article 3: 308 BW

Questioner

Thanks for the quick response.

Questioner

Sorry, it turns out that this clause was in the draft contract. The final lease contract contains the following clause: ' The rental price can be adjusted by lessor for the first time on July 1st 2012 and subsequently every year with a percentage of maximum the legally allowed percentage as is annually determined by the Ministry of BZK, or in the case of decontrolled rent, as is determined by the Dutch Central Statistics office (CBS). The lessor is entitled to apply on top of this additional rental increase of maximum 2%. This will be communicated to the lessee at the latest in the month of June of each year. The adjusted rent based on the percentage determined by BZK will be in accordance with the following formula. The formula is a fraction in which the numerator consists of the index number of the month 4 months before the adjusted rental price will take effect and the denominator consist of the index numberr of the month 16 months before the adjusted rental price will take effect. The rental price can never be lower than the present rental price.' Does it still apply that rent can be claimed back up to 5 years according to the CBS formula?

Lawyer

You can always try, of course, but it will be a lot more difficult. If I were a tenant, I would state: 'This will be communicated to the lessee at the latest in the month of June of each year', according to the contract. Since you did not notify the rent increase in time, the tenant did not have a chance to respond to it (for example by terminating the lease)

Questioner

Sorry, it turns out that this clause was in the draft contract. The final lease contract contains the following clause: ' The rental price can be adjusted by lessor for the first time on July 1st 2012 and subsequently every year with a percentage of maximum the legally allowed percentage as is annually determined by the Ministry of BZK, or in the case of decontrolled rent, as is determined by the Dutch Central Statistics office (CBS). The lessor is entitled to apply on top of this additional rental increase of maximum 2%. This will be communicated to the lessee at the latest in the month of June of each year. The adjusted rent based on the percentage determined by BZK will be in accordance with the following formula. The formula is a fraction in which the numerator consists of the index number of the month 4 months before the adjusted rental price will take effect and the denominator consist of the index numberr of the month 16 months before the adjusted rental price will take effect. The rental price can never be lower than the present rental price.' Does it still apply that rent can be claimed back up to 5 years according to the CBS formula?