Rent Reduction and Recovery Against Excessive Rent

Questioner

This week I noticed that my landlord has been asking for much more rent for years, since at least July 2014, than is permitted according to the rental price policy based on the number of points for my home. My landlord provided the points for the independent (social) rental home himself on the last two rent adjustment proposals. The number of points is correct, but the rent they attach to it is many times higher than the government (at the time) established. Can I claim a retroactive rent reduction based on the points system they provided and the rent policy tables in force at the time? Or reclaim the overpaid rent from my landlord?

Lawyer

No, unfortunately this is only possible if you apply for a reduction at the rent assessment committee within six months after you have moved into the home. You are then entitled to the overpayment of six months. If you file the complaint later, you are entitled to a rent reduction in the future if you meet the conditions, see the link https://www.huurcommissie.nl/onderwerpen/huurverhoging/

Questioner

Thanks for the answer and the website of the rent assessment committee. In my opinion, this rent reduction is often due to the idea that the number of points is not correct for the property and therefore the rent is too low. In my case, however, the point count is a mess. Last year, for example, 97 points (stated by the landlord), but they charge a rent of €572 while the law has determined that it may be a maximum of €480.13. So they are not able to get the maximum rent from the tables provided by law.....

Lawyer

I understand your reaction but I suspect that in your case the rent committee will accept the case because otherwise you will have to choose the (more expensive) option to the subdistrict court. And the rent committee is set up precisely to protect the interests of the tenant. I therefore advise you to contact the rent committee or to search the rulings for comparable cases.

Lawyer

addition: I have found case law for you from which it can be concluded that you can reclaim the overpaid rent retroactively via the subdistrict court procedure. I can help you with this, otherwise please contact me?