In the greenhouse complexes along the Poelweg in Naaldwijk, numerous seasonal workers are suddenly confronted with rent increases. A recent Hoge Raad ruling changes this situation.
The facts underlying the ruling
In recent years, landlords have applied WOZ increases as a direct lever for rent. When property values rose by 15 per cent, monthly rent often increased proportionally. Tenants in the unregulated rental sector challenged this practice in court.
Hoge Raad ruling
The Hoge Raad established three clear limits.
1. WOZ linkage does not constitute automatic justification
A higher WOZ value frequently reflects speculation rather than concrete improvements to the dwelling. Tenants are not required to finance speculative added value.
2. Tenant may require substantiation per property
Landlords must demonstrate that the increase is linked to maintenance or actual market developments in the immediate vicinity, and not solely to a municipal valuation.
3. Unreasonably onerous clauses are voidable
WOZ clauses without a cap or exception are unreasonably onerous (Article 6:233 BW) and therefore voidable.
Consequences for tenants in Westland
- Excessive increases above inflation plus maintenance are contestable
- Amounts already paid may be reclaimed for up to three years
- Written objections must be submitted within six weeks of notification
- Disputes are handled by the Huurcommissie or the subdistrict court of Rechtbank Den Haag
Adjustments for landlords
Existing contracts require amendment of the rent-increase formula. Landlords must also be able to provide concrete substantiation for every new increase. Threatening termination upon objection has become riskier following this ruling.
Impact on the housing market
The ruling forms part of a broader trend of tenant protection. It is expected that other automatic linkages will also be restricted in 2026. Westland agricultural employers offering housing will have to revise their contracts.
Advice on WOZ-related rent issues
Have you received a WOZ-related increase in the past three years that you considered disproportionate? Request written substantiation, retain all documents and consider contacting Juridisch Loket Den Haag or the Arslan office at Verdilaan 30 in Naaldwijk (070 - 4500 300). The three-year recovery period commences once you could reasonably have become aware of the unlawfulness.