Rent Increases and Void Indexation Clauses in Delft

Rent increases in Delft are subject to strict rules under the Good Landlordship Act. A clause allowing automatic annual increases above the statutory index without the tenant's consent is void (Article 7:247 BW). The maximum increase follows the rent index of the CBS and may not exceed inflation plus 1% in the case of liberalisation. In Delft, with many student accommodations and rental properties from housing associations such as Vestia, tenants often encounter dubious clauses in contracts around the TU Delft campus. For social housing in Delft, scrutiny by the Rent Tribunal applies. Void provisions such as 'rent follows market developments' or 'adjustment to average Delft rental prices' are disregarded; only the statutory increase counts. Tenants can object within six weeks of notification, for example, for rent increases in neighbourhoods such as Poptahof or Vrijenban. Proof of overpayment leads to repayment with 6% interest. Judges at the District Court of The Hague, which handles Delft, frequently annul clauses that link service charges such as parking costs in Delft-Noord to rent increases. Landlords must request written consent for deviations. Consequence of nullity: the rent remains at the old level until a new agreement. Local organisations such as Huurteam Delft and Woonpunt Delft provide assistance with calculations and advice. Check your contract annually, especially with the many private landlords in the historic city centre, to avoid unpleasant surprises and file claims. (248 words)