A: The number of registrations gives us an indication of how many tenants are participating in our refusal campaign. By registering we can put you in touch with others who also refuse the rent increase and we can provide you and other participants with support, tips and information. It gives us the opportunity to keep you informed of the action through a newsletter and in some cities or towns we can organize residents in local solidarity networks who together refuse the rent increase. Finally, we can contact you when you indicate that you want to become active within our action group and invite you to participate. But of course you have to take the first steps to refuse the rent increase yourself.

A: To be able to participate in our promotion, we advise against using a written objection. Refusing the rent increase by not paying it according to our Step-by-Step Plan is an equally legitimate way to appeal and it places the responsibility to take action on the landlord. A written objection is almost always immediately declared unfounded and then you as a tenant are left empty-handed. 

A: Yes! The income-related rent increase is determined on the basis of the tenant's income and can be €50 or €100. The rent increase can also simply be refused in the event of an income-related rent increase, based on the steps from us Step-by-step plan.

This form of rent increase was introduced in 2013 in order to finance the landlord levy. Now that this extra tax is being abolished, the income-related rent increase can no longer be justified. This vulgar legalized theft must stop. Sign up for our action.

A: In the regulated (social) rental sector, you are better protected by law and it is easier to take action against the rent increase. In the free rental sector (initial rents above the liberalization limit), refusing the rent increase is in principle not allowed. 

By refusing in the free rental sector you actually start a mini rent strike and you can send a clear signal to your landlord by continuing to pay your old, non-increased rent. A few things are important to know: 

1. Your rental contract and the law are leading about which payment obligations you have as a tenant. This means that you are formally obliged to ultimately pay the permitted rent increase to your landlord.
2. Legal is the maximum 4.1% increase as of July 1, 2023 in the private rented sector. In some cases, your rental contract may state a lower or even no rent increase at all. In that case, your contract is leading. So check your contract carefully if there is anything, and if so, what it says about the rent increase.
3. If you do not pay the permitted rent increase, a (small) payment arrears will arise of a maximum of 4.1% of your basic rent per month. This is a relatively small amount for the landlord and you can wait for a first payment reminder before you actually take action to pay.
4. When the rent debt increases, you run the risk that your landlord will take steps. When the rent debt increases to 3 times the full, monthly rent (3 months rent arrears), the landlord can have your rental contract dissolved and the tenant evicted. It is also possible that your landlord engages a collection agency and recovers the collection costs from you. Read more about it here the maximum collection costs.
5. Refusing the rent increase in the free rental sector is in fact a mini rent strike. Have you taken the above points into account and do you still want to refuse the rent increase? Read more tips about an action plan and the risks in the BPW brochure, “Eat first, then the rent”. Do not enter into this rental strike individually, but organize yourself collectively. Join the BPW and make a plan of action.

A: Landlord and tenant must normally both notify the increase of the rent to the tax authorities so that the rent allowance can be adjusted accordingly. However, this does not always happen. In order not to complicate the process surrounding the rent allowance, we recommend that the landlord and tenant assume the new rent including rent increase. 

The rent allowance is determined every year in November/December by the tax authorities for the following year. By that time, most tenants who participate in our action will know whether refusing the rent increase has been successful for them and they can still adjust the rent that is too high for the calculation of the rent allowance. For those who adjust their rent downwards after the calculation of the rent allowance, there is the risk of a minimal recovery of the excess rent allowance received. In most cases, the consequences of this will be minimal and will not outweigh the money saved by not paying the rent increase.

A: DThe best way to withdraw a direct debit authorization is in writing. Use our for that standard letter. If you are late with canceling the direct debit and the increased amount has been debited for the first time after July 1, you can reclaim this rent payment once and cancel the direct debit in writing to participate in our promotion. 

A: Does your landlord refuse to withdraw the direct debit because your rental contract states that you are obliged to pay by direct debit? You still have the right to refuse the rent increase by not paying it. Contact your bank to cancel the direct debit via the bank. Sometimes you can also block a direct debiter or mandate via internet banking by adding it to a block or approval list. Inquire about this at your bank.

A: No, you do not need to ask your landlord for permission. Failure to pay the rent increase is a legal right and a form of protest. Read more about this in the Step-by-step plan.

A: The refusal of the rent increase is separate from the overdue maintenance. Overdue maintenance can always be sued and can be a reason for the rent assessment committee to temporarily lower the rent significantly until the maintenance defects have been resolved. As long as the rent has been reduced for this reason, the rent may not be increased periodically as of 1 July. We advise tenants who want to try this route towards rent reduction the defects check of the Rental Committee and then send a letter of complaint to the landlord before 1 May. If there is no proper answer from the landlord within six weeks, start a procedure with the Rent Assessment Committee. For more information about this see the website of the national government.

A: Tenants who raise the alarm about service costs with the Rent Assessment Committee often manage to have the service costs adjusted downwards. Worth trying. After all, no profit may be made on the service costs and the landlord must be able to justify the costs charged. For more information look at the website of the national government or the Rent Committee. 

A: If you have any doubts about the energy label of your rental property, you can contact the Rent Assessment Committee. See the website of the Rental Committee. 

A: Completing a notice of objection with the landlord before 1 July is not necessary when participating in our promotion. It creates unnecessary paperwork and limits your options to successfully refuse the rent increase.  

Have you already submitted an objection and was it rejected? You can then still participate in our promotion and refuse the rent increase by not paying it. 

A: Tenants who participate in the promotion and do not pay their rent increase may receive letters from the landlord after 1 July with payment reminders and/or the notification that they have rent debt or rent arrears. These are often automatically generated letters for which there is no legal basis whatsoever. You have the right to refuse the rent increase by not paying it and you will therefore not have any rent arrears until the Rent Assessment Committee makes a decision. 

Don't respond to your landlord's threats. When your landlord contacts you by phone, you can inform the landlord that you are not in arrears and request the landlord to follow the correct procedure by stopping payment reminders. 

See also steps 6, 7 and 8 from the Step-by-step plan.

A: It is important to share such harassment with us. Scan or take a photo of any threatening letters and intimidation and send it to info@wijweigerendehuurverhoging.nl. We collect such empty threats and call on landlords publicly (via (social) media) by sharing the threatening letters anonymously. In your e-mail, give explicit permission that we may use the threats anonymously.

A: If your landlord sent a registered letter before October 1st, your landlord has followed the correct steps in the objection procedure and there is a good chance that your refusal action will be declared unfounded. You can continue to litigate at the Rent Assessment Committee, but in many cases the landlord will be proven right. You can also choose to accept your loss and prepare for next year's refusal action. This year you have spoken out in favor of a multi-year rent freeze and together we are building a movement of tenants to enforce a multi-year rent freeze at a political level. This may be more important than refusing the rent increase at an individual level! Do you still want to continue to litigate on the basis of objections in principle? Then consider for yourself or together in your solidarity network whether you have enough resources and energy to invest time in this and adjust your expectations.

See also steps 8 and 9 from the step-by-step plan.

A: The message below is only intended for participating tenants who have not received a registered letter before 1 October. In case you have not received a registered letter from the landlord before October 1, you can send the text below to your landlord from now on.

If you have any questions about this text, please send us an e-mail.

It is not necessary to send the message below to your landlord, but it may help to stop the flow of 'threatening letters'.

Cut and paste the text below into an e-mail to the landlord and complete the salutation at the top (Dear …..) and state your name and address details at the bottom.

If you receive a response from your landlord after sending
message below, please forward that comment to us.

++++++++++++++++

Best ……,

In response to your correspondence about my alleged rent arrears, the following.

You have sent a proposal for a rent increase with an effective date of July 1st.

According to Book 7 of the Civil Code (BW), the rent increase will not take effect if the tenant has not agreed to the rent increase, the tenant has not paid the rent increase and the landlord has not sent a registered reminder letter before October 1.

Because the rent increase has not come about and I have always paid the applicable rent on time, there is no question of rent arrears.

Sincerely,

Your name and address details

The legal path:

Check whether you are completely sure that you have indeed successfully refused the rent increase. This means that formal errors have been made in the process by your landlord. The registered reminder letter was not sent on time (note that the date sent is decisive, not the date of receipt), the letter did not include a copy of the original rent increase proposal, or the letter was delivered incorrectly (e.g. thrown in the letterbox without signing for reception). Double check this with a lawyer, it Legal Counter (Juridisch Loket) or your local WWDH group.

If it has been established with certainty that you have indeed successfully refused the rent increase, but your landlord continues to send intimidations and reminders, or threatens with a bailiff, it is time to collect evidence and prepare for a summons to the subdistrict court. You can still ignore all reminders and threats, as they are unfounded. 

A bailiff can only demand money under duress if the subdistrict court judge has pronounced a judgment. Continue to ignore all threatening letters until you a subpoena receives. When you receive a summons, this means that your landlord has started a case with the subdistrict court to claim the non-existent rent arrears. 

If the requirements for correctly implementing the rent increase are not met, such as sending a registered reminder letter on time, then there is no rent arrears and the judge will reject the landlord's claim. You will then definitely not pay any rent increase!

A lawyer is usually not necessary for a summons to the subdistrict court. You can defend yourself or engage a legal advisor. See also Rechtspraak.nl about this what to do in the event of a summons to the subdistrict court. 

The path of bottom-up action:

In addition to the legal route, you can also take the route of social action. For example, ask your landlord to explain why he continues to unlawfully intimidate you. Organize a campaign at the head office together with your neighbors, and hand over a package of demands in which you immediately demand that the threats stop and the rent increase does not go ahead. Search for (local) media and share your story. Make sure that you not only draw attention to your own situation, but also to our collective demand for a complete freeze on all rents. This way you broaden your individual struggle to our joint struggle for affordable rents. There are numerous ways and angles to set up such an action. Go to a local WWDH or BPW consultation hours, or contact a local WWDH or BPW group. They can support you and your neighbors in setting up an action against your landlord. For other questions or tips about setting up a promotion, please contact info@wijweigerendehuurverhoging.nl