Exceeding the WWS Maximum: What Now?
If your rent increase is higher than the WWS maximum (Housing Valuation and Subsidies Act), you can challenge it legally. The WWS maximum is the legally established limit for how much your rent increase may be per year. If your landlord exceeds this limit, the increase may be unlawful. This article explains what the WWS maximum is, how you can check if your rent increase complies with it, and what you can do if it is exceeded, with specific attention to Amsterdam.
What is the WWS maximum?
The WWS maximum is the maximum annual rent increase that a landlord may implement according to the Housing Valuation and Subsidies Act (WWS). This act regulates, among other things, rent price development in the Netherlands. The WWS maximum is intended to protect tenants from excessively high and unreasonable rent increases.
The WWS maximum is established annually by the Netherlands Enterprise Agency (RVO) and depends on the rent allowance norm and the rent index. For 2024, the WWS maximum is, for example, 3.4% (for homes not falling under the Rent Tribunal). For social housing, a lower limit often applies.
Important: The WWS maximum applies only to private sector rental properties. For social housing (for example, from housing associations), other rules apply, such as those of the Rent Tribunal.
Legal basis
The most important legal grounds for the WWS maximum are:
- Article 7:900 Civil Code (BW): regulates the general provisions on rent increases.
- Housing Valuation and Subsidies Act (WWS): determines the maximum increase for private sector rental properties.
- Housing Valuation Decree (BW): contains the exact percentages and rules for the WWS maximum.
In addition, the Rent Tribunal plays a role in social housing. This body assesses whether a rent increase is reasonable. For private sector rental properties, the Rent Tribunal does not apply, but you can have a rent assessment carried out. In Amsterdam, you can go to the Legal Aid Office Amsterdam at Vijzelstraat 77 for legal advice.
How does the WWS maximum work in practice?
The WWS maximum applies to the annual rent increase. This means that your landlord may increase your rent by a maximum of the WWS percentage, unless exceptions apply. For example, in the case of necessary improvements or additional costs for the landlord.
Examples of WWS maximum in practice
| Current rent | WWS maximum 2024 | Maximum new rent | Increase by landlord | Is the increase permitted? |
|---|---|---|---|---|
| €1,200 | 3.4% | €1,240.80 | €1,300 | No (exceeds the maximum) |
| €900 | 3.4% | €930.60 | €950 | Yes (within the maximum) |
| €1,500 | 3.4% | €1,551 | €1,600 | No (exceeds the maximum) |
Note: If your landlord implements a higher increase, it may not be legally permitted. You can challenge this.
What can you do if your rent increase exceeds the WWS maximum?
If your rent increase is higher than the WWS maximum, you can take the following steps:
- Check the rent increase: Ask your landlord for a written explanation of the increase. Request the rent index and other relevant data supporting the increase.
- Contact the Legal Aid Office: Go to the Legal Aid Office Amsterdam at Vijzelstraat 77 for free legal advice on your situation.
- Send a formal letter: Send a registered letter to your landlord objecting to the rent increase and referring to the WWS maximum.
- Initiate proceedings at the District Court of Amsterdam: If your landlord does not respond or maintains the increase, you can file a summary proceeding at the District Court of Amsterdam, Parnassusweg 220. Here, the unlawful rent increase can be reviewed.
- Apply for rent revision: For private sector homes, you can have a rent assessment carried out to evaluate the reasonableness of the rent.
Tip for Amsterdam: The rental market in Amsterdam is tight and rents are high. It is especially important to know your rights. Organizations such as National Tenants' Union and local tenants' associations can also assist you.