Rent Increases and Void Indexing Clauses in Westland
Automatic rent increases above the index in Westland? Void! Learn rules for objection, repayment and local Rent Committee review. (18 words)
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Arslan AdvocatenLegal Editorial
2 min leestijd
Rent increases in Westland are subject to strict rules under the Good Landlordship Act. A clause allowing automatic annual increases above the statutory index, without the tenant's consent, is void (Article 7:247 DCC). The maximum increase follows the rent index of the CBS and may not exceed inflation plus 1% in the case of liberalisation. In Westland, with its many greenhouse businesses and allotments in places like Naaldwijk, Monster and Kwintsheul, tenants often encounter creative clauses in contracts for commercial or residential spaces.
For social housing in Westland, review by the Rent Committee in The Hague applies. Void provisions such as 'rent follows market developments' or linkages to greenhouse prices are disregarded; only the statutory increase counts. Tenants can object within six weeks of notification, for example with landlords in Poeldijk or 's-Gravenzande. Proof of overpayment leads to repayment with 6% interest.
Judges at the Rotterdam District Court frequently annul clauses that link service costs, such as maintenance of greenhouses or garden buildings, to rent increases. Landlords must request written consent for deviations. Consequence of nullity: the rent remains at the old level until a new agreement. Local organisations such as the Westland Rent Team and the Legal Counter in Naaldwijk assist with calculations and advice. Check your contract annually, especially for seasonal rentals in the greenhouse region, to avoid surprises and file claims with the subdistrict court.