News item | 21-03-2023 | 16:54
On Tuesday, March 21, 2023, the Senate passed the bill on good landlordship. The bill gives municipalities more options to protect tenants against abuses when renting living or accommodation spaces. By introducing a standard for good landlordship and by giving municipalities the option to require a rental permit, municipalities can actively steer towards good landlordship. For example, municipalities can impose additional requirements on the landlord with regard to the maintenance of the home and the maximum rent of regulated rental homes.
General rules of good landlordship
There will be a national basic standard for good landlordship in the form of general rules. This standard pertains to the behavior that may be expected from good landlords and letting agents in relation to house seekers and tenants. The general rules apply to the entire rental process and to both the regular rental of residential accommodation and the rental of accommodation to migrant workers. These rules concern the prevention and combating of discrimination and intimidation, the prevention of too high a deposit and unreasonable service costs, the obligation to put the rental agreement in writing and the obligation to inform the tenant about a number of matters, for example about the rights and obligations of the tenant with regard to the rented property. In addition, a prohibition has been included for rental intermediaries on charging double brokerage fees.
Permit for the regular rental of living space
In addition to the general rules, municipalities can set up a rental permit. It appears that landlords in certain areas abuse the socio-economically vulnerable position of tenants. This manifests itself in issues such as excessive rents, overdue maintenance, overcrowding, decay, discrimination and intimidation. This bill gives municipalities the power to impose additional requirements on landlords in these already vulnerable neighborhoods in relation to maintenance and, in the case of regulated independent rental properties, the maximum rent of a home.
Permit for rental to migrant workers
Municipalities can also set up a rental permit for the rental of accommodation to migrant workers. Municipalities can also attach conditions to the permit with regard to the maximum number of persons per room, hygiene facilities and facilities for storing and preparing food. This permit is not area specific.
Enforcement and reporting point
Municipalities are responsible for supervising and enforcing the general rules and the rental permit. To this end, they are given the administrative instruments of warning, administrative coercion, administrative fine and, as the ultimum remedium, the management takeover. This can be used via an escalation ladder. Municipalities must also set up a hotline where anonymous and free reports of undesirable rental behavior can be made.
Entry into force
The entry into force of the law is scheduled for July 1, 2023.