താൽക്കാലിക വാടക കരാറുകൾ: 2024 ജൂലൈ 1 മുതൽ എന്താണ് ഇപ്പോഴും അനുവദനീയമായിരിക്കുന്നത്?

Since 1 July 2024, temporary letting of residential property in the Netherlands is only allowed in specific situations: a tenancy of independent living space is in principle concluded for an indefinite period. The main exceptions are contracts of up to two years for certain groups of tenants, letting under a vacancy permit, and letting for use that by its nature is short term, such as holiday letting.

Since the Fixed-Term Tenancies Act (സ്ഥിര വാടക കരാർ നിയമം) took effect, the general option of a two-year fixed-term contract that simply ended on the agreed date no longer exists. Temporary letting remains possible, but only in the situations the law now lists. These include contracts of up to two years for specific groups, such as students, people leaving a care institution and people who need housing temporarily because of work or divorce; letting while the landlord lives elsewhere temporarily and intends to return; and letting of property awaiting demolition or renovation under a vacancy permit. Each of these has its own conditions and formalities. A contract that does not meet them is simply a tenancy for an indefinite period, with full rent protection.

Two further regimes apply alongside this. Rent levels for a large part of the market are set by the housing valuation system (വോണിംഗ്വാർഡറിംഗ്സ്റ്റെൽസെൽ, WWS), a points system that was extended to mid-market rents by the Affordable Rent Act (താങ്ങാനാവുന്ന വാടക നിയമം) on the same date. A rent above the level the points allow can be reduced by the Rent Tribunal (ഹ്യൂമർ കമ്മീഷൻ). And short-stay and holiday letting are governed by municipal rules under the Housing Act (ഭവന നിയമം 2014): many municipalities require a registration number, cap the number of nights per year and require notification of each let, with substantial fines for letting without them.

What are the legal requirements for temporary rentals?

A temporary tenancy of independent living space is only valid if it falls under one of the statutory exceptions and meets the formalities that apply to it. In addition, the rent must comply with the points system where it applies, and the landlord must follow the rules of the Good Landlordship Act.

When is a temporary contract still allowed?

Since 1 July 2024, the indefinite tenancy is the standard. A temporary contract of at most two years can only be offered to the specific groups designated by law. Other existing forms of temporary letting, such as letting under the Vacancy Act, continue to exist.

According to the government, the groups that may receive a contract of up to two years include:

• students who temporarily rent in another municipality for their studies;
• people who need housing temporarily because of work or the renovation of their home;
• people moving on from a care or social support institution;
• tenants with a so-called second chance contract;
• young surviving relatives who take over the tenancy of a deceased parent;
• divorced parents who need temporary housing near their children;
• workers on the Wadden Islands who normally live on the mainland;
• status holders who have left a reception centre and are awaiting permanent housing.

Other forms of temporary letting remain unchanged. These include letting under the Vacancy Act (Leegstandwet), for which the owner needs a permit from the municipality, for example for a home that is for sale or awaiting demolition or renovation; letting while the landlord temporarily lives elsewhere and intends to return (the so-called diplomat clause); existing target group contracts, such as campus and youth contracts; letting of a room in the landlord’s own home (ഹോട്ടൽ വാടക), where tenant protection is limited in the first nine months; and letting for use that by its nature is short term (Article 7:232(2) of the Dutch Civil Code, BW), such as a holiday home.

Temporary contracts concluded before 1 July 2024 remain valid under the old rules. If such a contract is extended, however, the tenant must be offered an indefinite contract.

Which formalities and documents are required?

A temporary contract must be in writing and must state the reason for its temporary nature and its end date. The landlord must also inform the tenant in writing, at least one month and at most three months before the end date, that the contract will end.

If the landlord fails to give that notice in time, the contract does not end on the agreed date but continues, and can then only be terminated on the statutory grounds that apply to indefinite tenancies. Record in the contract which exception applies and keep the supporting documents, such as proof of the tenant’s enrolment as a student, the vacancy permit or the documents showing that you will return to the property. If a dispute arises later, the landlord must be able to show that the exception applied from the start.

The rent must also comply with the rules. Since 1 July 2024, the Affordable Rent Act applies the points system to homes with 144 to 186 points (mid-market rent), in addition to the social rent sector below 144 points. For these homes, the rent may not exceed the maximum that follows from the points. Since 1 January 2025, the landlord must attach a points calculation to new tenancy agreements for such homes. Only homes with 187 points or more fall in the free sector. You can read more about the താങ്ങാനാവുന്ന വാടക നിയമം and how the points system works.

Under the Good Landlordship Act (വെറ്റ് ഗോഡ് വെർഹുർഡർഷാപ്പ്), which has applied since 1 July 2023, landlords must record all agreements with the tenant in writing, provide information about the tenant’s general rights and obligations, not ask for a deposit of more than two months’ basic rent, and prevent discrimination and intimidation.

അനുസരിച്ചില്ലെങ്കിൽ എന്ത് സംഭവിക്കും?

A temporary contract that does not meet the statutory requirements is treated as a contract for an indefinite period. Municipalities can also impose sanctions on landlords who do not comply with the Good Landlordship Act, such as an administrative fine.

For tenants, this means strong protection. A tenant with a temporary contract that does not fit any exception can in principle stay after the agreed end date, and the landlord can only terminate on a statutory ground, such as urgent own use, with the approval of the court (Articles 7:271 and 7:274 BW). A tenant who pays a rent that is too high can ask the Rent Tribunal to assess it; in principle this must be done within six months of the start of the tenancy (Article 7:249 BW). The Rent Tribunal can then reduce the rent with retroactive effect to the start of the tenancy.

Municipalities have been given more powers to enforce the rules. Under the Good Landlordship Act they can impose fines and, in serious cases, even take over the management of a property. Landlords who repeatedly break the rules can also be required to obtain a rental permit in certain areas.

The table below summarises the main situations in which temporary letting is still possible and the documents to keep.

How do you let a home properly?

Put everything in writing, document the condition of the property, respond to repair requests promptly and respect the tenant’s right to privacy. Check the rent against the points system and keep proper financial records.

How do you draft a clear rental agreement?

A clear written rental agreement is the basis for responsible letting and is also required by the Good Landlordship Act. It should set out the duration and, for a temporary contract, the legal basis for it, the rent and service charges, the deposit, maintenance responsibilities and the condition of the property.

Key elements are the precise duration, a clear division of maintenance between landlord and tenant, a description of the condition of the property and clear financial terms. Small repairs are in principle for the tenant, and the landlord is responsible for defects and major maintenance (Articles 7:204, 7:206 and 7:217 BW). Draw up an inspection report with photographs at the start of the tenancy, signed by both parties. At the end of the tenancy, the tenant must return the property in the condition described in that report, apart from normal wear and tear (Article 7:224 BW). Without a report, the tenant is presumed to have received the property in good condition, which works against the tenant; a signed report avoids discussion for both parties.

How do you manage the relationship with your tenant?

Good management goes beyond legal compliance. Communicate clearly, deal with repair requests promptly and inspect the property only by agreement with the tenant.

Agree on how the tenant can report defects and how quickly you will respond. If the landlord does not remedy a defect, the tenant can in certain cases carry out the repair and deduct the costs from the rent, or claim a rent reduction (Articles 7:206 and 7:207 BW). You can read more about ഭൂവുടമയുടെ ബാധ്യതകൾ in this respect.

Respect the tenant’s privacy. The law does not give a fixed notice period for visits, but a landlord may not enter the home without the tenant’s permission. The tenant must, however, allow urgent work to be carried out, and it is usual to agree in the contract that the tenant will allow viewings at the end of the tenancy at reasonable times. Agree a reasonable notice period for inspections in the contract, and keep a record of visits, repairs and communication. That helps to prevent disputes and, if one arises, to prove what was agreed.

What applies to companies that rent property?

Companies rent property in two ways: business premises for their own operations, and homes to house employees, such as expats. Business premises have their own tenancy rules, while homes rented for employees can still fall under residential tenancy law.

How should a company structure its rental agreements?

For business premises, the rules depend on the type of space. Retail, restaurant and similar premises open to the public (Article 7:290 BW) have strong protection: in principle a first term of five years, followed by a second term of five years. A contract of up to two years is possible, but if the tenant remains in use after that period, the contract is deemed to have been concluded for five years (Article 7:301 BW). Offices and other business premises (Article 7:230a BW) have much less protection, so the contract itself determines most of the rights.

When a company rents homes to house employees, it should check whether the tenancy falls under residential tenancy law and, if so, whether a temporary contract is permitted. Genuine short-stay accommodation for a short period can qualify as use that by its nature is short term, but a home rented for an employee’s assignment of a year or longer usually does not. Municipal rules on short-stay and room letting may also apply.

Key points for corporate rental agreements are:

• a precise description of the intended use of the property;
• the legal basis for any temporary nature of the tenancy;
• an inspection report and inventory at the start;
• clear agreements on maintenance and alterations;
• a clear exit: term, notice periods and the condition in which the property must be returned.

ഒരു വീട്ടുടമസ്ഥൻ എന്ന നിലയിൽ നിങ്ങൾ എന്താണ് പരിശോധിക്കേണ്ടത്?

A temporary contract without a valid basis is a tenancy for an indefinite period. Check these points before the tenant moves in:

• Which statutory exception applies, and whether you can prove it: enrolment as a student, a vacancy permit under the Leegstandwet, or evidence that you will return.
• Whether the contract is in writing and states the reason for the temporary nature and the end date.
• Whether the rent stays within the points system for homes up to 186 points, and whether the points calculation is attached (required for new contracts since 1 January 2025).
• Whether the deposit is no more than two months’ basic rent, as the Good Landlordship Act requires.
• Whether you have diarised the written notice of the end date, at least one and at most three months in advance.
• Whether short-stay or holiday letting needs a municipal registration number or notification.

ഒരു വാടകക്കാരൻ എന്ന നിലയിൽ നിങ്ങൾ എന്താണ് പരിശോധിക്കേണ്ടത്?

As a tenant you often have more protection than the contract suggests. Our article on ഒരു വാടകക്കാരൻ എന്ന നിലയിൽ നിങ്ങളുടെ അവകാശങ്ങൾ explains the background. Check these points:

• Whether you belong to one of the designated groups, or whether another exception really applies; if not, your tenancy is for an indefinite period.
• Whether the contract states the reason and the end date in writing.
• Whether the landlord sent the end-date notice one to three months in advance; without it, the tenancy continues.
• Whether your rent exceeds the points maximum; ask the Rent Tribunal (Huurcommissie) to assess it within six months of the start (Article 7:249 BW).
• Whether the landlord asked for a deposit above two months’ basic rent.

What can we do for you with a temporary rental?

നമ്മുടെ വാടക അഭിഭാഷകർ advise landlords, tenants and companies on temporary letting and rent rules, in Dutch and in English.

• We check whether your situation fits one of the statutory exceptions for a temporary contract.
• We draft or review the tenancy agreement, including the reason for the temporary nature and the end date.
• We check the rent against the points system and review the points calculation.
• We draft the end-date notice and the notice of termination on a statutory ground under Article 7:274 BW.
• We assist you before the Rent Tribunal and in proceedings before the subdistrict court.

ചുരുക്കം

• Since 1 July 2024, a tenancy of independent living space is in principle concluded for an indefinite period.
• Temporary contracts of up to two years are only possible for designated groups; letting under the Vacancy Act, during a temporary absence, of a room in your own home or for genuinely short-term use remains possible.
• Send the tenant written notice of the end date one to three months in advance; otherwise the contract continues.
• For homes up to 186 points, the maximum rent follows from the points system, and a points calculation must be attached to new contracts.
• Under the Good Landlordship Act, agreements must be in writing, the deposit is limited to two months’ basic rent and municipalities can impose fines.

പതിവു ചോദ്യങ്ങൾ