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!Woon
Administrative Law Division
Thursday, 21 November 2024 - 18:40

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Amsterdam landlord ordered to repay 50,000 euro after illegal rent scheme

A landlord in Buitenveldert has been ordered to repay over 50,000 euro to tenants after the Dutch Rent Tribunal ruled that rental practices at A.J. Ernststraat 727 violated housing regulations. The tribunal found that the landlord falsely categorized the property as a shared group housing arrangement to justify high rent prices, charging up to 4,400 euro per month.

The tribunal determined that the property was, in fact, a collection of individual rented rooms, each subject to rent caps based on their size. Under Dutch housing law, the maximum rent for these rooms ranged from 150 euro to 250 euro per month. The ruling invalidates the landlord’s claim that the property was exempt from rent control regulations, commonly referred to as the “free sector.”

The tribunal’s findings were influenced by evidence that tenants often did not know each other, and the landlord selected occupants for each room and set individual room prices.

“This decision underscores that such practices are unlawful and that landlords cannot exploit legal loopholes to bypass rent control,” said attorney Frans Willem Verbaas, a tenant advocate involved in similar cases.

The ruling resulted in a significant financial win for the tenants, with over 50,000 euro in overpaid rent returned to seven residents. Additional settlements are expected as more tenants come forward with complaints about excessive rent and illegal rental contracts.

The tenants’ organization !WOON, which supported the renters in bringing the case, has urged other residents of A.J. Ernststraat 727 to seek legal advice if they suspect similar violations.

“We’ve heard reports that the landlord continues to charge excessive rents and issue successive temporary contracts, which is against the law,” said a spokesperson from !WOON.

The organization is offering free legal support to tenants and encouraging them to report unfair rental practices.

This case is part of a broader effort to enforce stricter rental controls in the Netherlands. Starting in January, municipalities will gain new powers to issue fines and enforce compliance with rental laws. Landlords can no longer rely solely on tenants to initiate cases at the Rent Tribunal.

Since 2023, administrative law has expanded to address landlord intimidation and discrimination. Enforcement teams will begin operating in municipalities to address systemic abuses, including violations reported in online advertisements on platforms such as Funda and Kamernet.

Woon representative Gert Jan Bakker noted that international residents are particularly vulnerable. “Expats are often seen as walking wallets,” he said, emphasizing the need for stronger tenant protections.

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