Non-discriminatory tenant selection, written rental agreements, clear information on tenant rights, and limits on deposits. It includes special rules for renting to migrant workers and prohibits rental harassment.
With a new Act that has effect from 1 July 2023, the government seeks to prevent exploitation of tenants by rogue landlords and housing intermediaries. However, the Good Landlordship Act is also important for bona fide landlords as there will be new obligations for all landlords. What do landlords have to consider from now on?
The poor conditions in converted sheds and chicken coops where migrant workers sometimes have to stay are well known, just like the shacks that rack-renters rent to their already vulnerable tenants. The new Good Landlordship Act (Wet goed verhuurderschap), that will come into effect on 1 July, is meant to make it possible to better address these abuses. The Act will introduce and further develop the standard of good landlordship for landlords. What rules do landlords have to comply with from now on?
No housing discrimination
Landlords must refrain from any form of unjustified discrimination when choosing a tenant. This can be done by making clear the procedure and objective selection criteria they use to allocate housing. Landlords must also be able to justify their choice for a tenant to rejected prospective tenants. They must also ensure that their employees work according to these criteria.
In practice, this will mean that landlords will draw up a protocol for the allocation of rental space that can be consulted by employees as well as prospective tenants. The government might yet come up with a regulation defining the minimum content of such a protocol.
Prohibition of harassment
The law prohibits landlord harassment. According to the Dutch Human Rights Board, this includes “conduct that […] has the purpose or effect of violating the dignity of the person and creating an intimidating, hostile, offensive or humiliating environment.”
Prohibition of oral rental agreement
A good landlord provides the rental agreement in writing. Even if the arrangements about the lease have first been made orally. If the landlord fails to do so, a penalty may be imposed. This provision only applies to rental agreements entered into after the law takes effect. However, to avoid problems, we recommend that existing oral agreements be recorded in writing.
Information obligation for landlords
In addition to a rental agreement, the landlord also has to provide the following in writing: