Suppose: an international employee in a canal house near the Jordaan suddenly faces a monthly rent increase of 180 euros purely due to a WOZ jump. This practice has now been firmly restricted by the highest court.
Background of the Ruling
Landlords have applied WOZ increases in recent years as a free pass for additional rent. In Amsterdam this led to substantial surcharges, sometimes 15 percent or more, while actual maintenance costs hardly changed. Tenants in neighbourhoods such as De Pijp and Oud-West raised the alarm en masse.
Key Points from the Judgment
The Hoge Raad imposes three clear limits:
1. No automatic pass-through
A higher WOZ value does not equate to improved living quality. The tenant is not required to contribute to the owner’s speculative gains.
2. Substantiation per property required
Landlords must henceforth demonstrate, for each individual property, which concrete improvements or market factors explain the WOZ increase. A mere municipal valuation no longer suffices.
3. Clauses without a cap are voidable
WOZ linkages without a limit or exception qualify as unreasonably onerous (onredelijk bezwarend) under article 6:233 BW and may be annulled.
Consequences for Tenants in the Capital
- Excessive increases above inflation plus maintenance are contestable
- Amounts overpaid may be reclaimed for up to three years
- Objections must be submitted in writing within six weeks of notification
- Disputes are handled by the Huurcommissie or the Rechtbank Amsterdam
Adjustments for Landlords
Existing contracts must be revised to an inflation-plus-maintenance model. Future increases require detailed substantiation. Threatening termination after an objection has become riskier.
Future Developments
The ruling forms part of a series of tenant-friendly judgments. It is expected that other automatic linkages, such as uncapped CPI or energy pass-through, will also come under scrutiny. Legislation on these matters is scheduled for 2027.
Tailored Advice for Amsterdammers
Have you received a WOZ-driven increase in the past three years that you considered unreasonable? Request written clarification and retain all emails and letters. The Juridisch Loket Amsterdam or a specialised firm such as Arslan at Parnassusweg 220 can quickly assess whether recovery is possible. The three-year limitation period (article 3:309 BW) begins to run once you could reasonably have become aware of the unlawfulness.