Rent Increases and Void Indexation Clauses in Utrecht
Automatic rent increases above the index in Utrecht? Void! Learn the rules for objection and reimbursement via the Utrecht Tenants' Union. (14 words)
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Arslan AdvocatenLegal Editorial
2 min leestijd
In Utrecht, rent increases are strictly regulated by the Good Landlordship Act, particularly relevant for the growing rental market in districts such as Kanaleneiland and Lombok. A clause that provides for automatic annual increases above the statutory index without the tenant's consent is void (Article 7:247 of the Dutch Civil Code). The maximum increase follows the rent index of Statistics Netherlands (CBS) and may not exceed inflation plus 1% in Utrecht in the case of liberalised rents, taking into account local pressure on the housing market.
For social housing provided by Utrecht housing corporations such as Portaal or Bo-Ex, mandatory assessment by the Rent Tribunal applies. Void terms such as 'rent follows Utrecht market developments' are disregarded; only the statutory increase applies. Tenants in Utrecht can lodge an objection within six weeks of notification via the Legal Counter Utrecht or the local Utrecht Tenants' Union. Evidence of overpayment, often seen in older contracts in Overvecht, results in reimbursement with 6% interest.
Judges at the District Court of Midden-Nederland regularly annul clauses that link service charges, common in Utrecht complexes, to rent increases. Landlords must request written consent for deviations. In the event of voidance, the rent remains at the old level until a new agreement is reached. The Utrecht Tenants' Union offers free calculations and advice at locations such as the Lombok Community Centre. Check your contract annually via the Utrecht Rent Register to prevent excesses and submit timely claims to the municipality or court.