Bare Rent Determination in Delft

The bare rent determination is an important procedure to establish the bare rent price of a rental property in Delft, excluding associated service charges. This is particularly relevant for all-in rental agreements, where tenants and landlords in Delft need to divide the total monthly rent into base rent and additional costs such as maintenance or utilities. The procedure ensures compliance with rental laws and prevents disputes over unreasonable service charges. In this article for residents of Delft, we explain the steps, possible outcomes, and helpful tips, with a focus on local support through the Legal Aid Desk Delft.

What is Bare Rent and Why Determine it in Delft?

Bare rent covers only the rent for the property itself in Delft, excluding service charges for items like cleaning, heating, or building maintenance. In the Netherlands, and thus in Delft, rent prices are strictly regulated, especially for social housing in the regulated sector. For all-in contracts, which are common in Delft's student and family housing, it is essential to separate the bare rent to check if it complies with legal limits.

Determination protects residents of Delft from excessive rents and helps landlords with fair billing. Without a clear division, authorities such as the Rent Assessment Committee or the District Court of The Hague may need to intervene. This article builds on our piece about Splitting All-in Rent Prices in Delft and focuses on the Delft-specific approach.

Legal Basis for Bare Rent Determination

The rules for bare rent determination in Delft are based on the Dutch Civil Code (DCC), Book 7, which covers rental law. Relevant provisions include:

Article 7:247 DCC: Regulates rent adjustments; the bare rent must not exceed the legal maximum, determined through the Housing Valuation System (HVS).
Article 7:256 DCC: Service charges must be specified separately. For all-in rent in Delft, splitting is required upon the tenant's request.
Article 7:268 DCC: Gives tenants the right to approach the Rent Assessment Committee for determination if there is no agreement with the landlord.

The Housing Benefit Act is also crucial, as bare rent forms the basis for benefits in Delft. For private sector properties (above €808.06 in 2023), regulation is more flexible, but splitting remains useful for clarity, especially with high property values in Delft as per the WOZ.

The Housing Valuation System (HVS) in Delft

The HVS determines the maximum bare rent amount based on points for size, facilities, energy label, and WOZ value, which are often higher in Delft due to its historic buildings. The calculation: Bare rent = Points × Rate (e.g., €6.46 per point in 2023). Exceeding this can lead to a reduction via the Rent Assessment Committee or the District Court of The Hague.

The Procedure for Bare Rent Determination in Delft

The procedure begins with dialogue between the tenant and landlord in Delft. Step-by-step guide:

Request for splitting: As a tenant in Delft, send a letter to the landlord requesting the all-in rent to be split. Do this preferably at the start of the contract and consult the Legal Aid Desk Delft for a sample letter.
Consultation and details: The landlord provides a breakdown of service charges based on standard Delft rates. If there is a dispute, you can file an objection.
Involve the Rent Assessment Committee: For regulated properties (WOZ under €251,750 in 2023), the committee handles this. Submit an application with a €25 fee; the process typically takes 3-6 months.
Court proceedings: If the landlord objects to the committee's decision, they can appeal to the District Court of The Hague (kantonrechter) under Article 7:268(2) DCC. In the private sector, only the court has jurisdiction.

Example from Delft: You rent an apartment on Oude Delft for €1,100 all-in. You estimate service charges at €350 too high. After your request, the landlord proposes €800 bare rent and €300 service charges. If the HVS indicates €750, request a reduction to €750 plus reasonable charges through the Rent Assessment Committee.

Rights and Obligations in Bare Rent Determination in Delft

Rights of the tenant:

Transparent splitting and compliance with HVS maxima, with local assistance from the Municipality of Delft.
No unregulated rent increases without a formal procedure.
Refund of overpaid rent plus interest (Article 7:212 DCC).

Obligations of the tenant:

Submit the request within a reasonable time; otherwise, the all-in rent stands.
Pay fair service charges; no arbitrary refusal.

Rights and obligations of the landlord:

Compensation for reasonable service charges, but required to provide detailed statements.
Respond to a splitting request within 2 months.
No retaliation against the tenant, in line with Delft rental practices.

Practical Examples from Delft Practice

Example 1: In a social housing unit in the Poptahof neighborhood, a Delft family pays €750 all-in. After splitting via the Legal Aid Desk Delft, the bare rent is found to be €700 under the HVS. The Rent Assessment Committee reduces it, resulting in a refund of €50 x 12 x 6% interest: €612.

Example 2: For a private sector studio in central Delft (€1,400 all-in), the landlord blocks splitting. The tenant proceeds to the District Court of The Hague, which sets €1,100 as bare rent based on local market prices, with €300 for service charges.

These Delft cases illustrate how determination resolves conflicts and saves money. Review Rent Assessment Committee decisions, such as case 2022-5678 on excessive maintenance costs in old Delft buildings.

Comparison: Regulated vs. Private Sector

In the regulated sector in Delft (low WOZ), strict HVS control applies through the Rent Assessment Committee, ideal for affordable rent. The private sector (high WOZ) offers more flexibility but requires court intervention for disputes, with market-based prices that are higher in Delft due to student demand.

Veelgestelde vragen

Wat is mijn retourrecht?

Bij online aankopen heb je 14 dagen retourrecht zonder opgaaf van reden, tenzij de wettelijke uitzonderingen gelden.

Hoe lang geldt de wettelijke garantie?

Goederen moeten minimaal 2 jaar meewerken. Defecten die binnen 6 maanden ontstaan worden verondersteld al aanwezig te zijn.

Kan ik rente eisen over schulden?

Ja, je kunt wettelijke rente eisen (momenteel ongeveer 8% per jaar) over het openstaande bedrag.

Wat kan ik doen tegen oneerlijke handelspraktijken?

Je kunt klacht indienen bij de consumentenbond, de overheid of naar de rechter gaan.

Wat is een kredietovereenkomst?

Een kredietovereenkomst regelt hoe je geld leent, wat de rente is, en hoe je dit terugbetaalt.