Exceeding the WWS Maximum: What Now?
If your rent increase is higher than the WWS maximum (Housing Valuation and Subsidies Act), you can challenge this legally in Delft. The WWS maximum is the legally established limit for how much your rent may be increased per year. If your landlord exceeds this limit, the increase may be unlawful. This article explains what the WWS maximum is, how to check if your rent increase complies with it, and what you can do if it is exceeded, specifically for tenants in Delft.
What is the WWS Maximum?
The WWS maximum is the maximum annual rent increase that a landlord may implement according to the Housing Valuation and Subsidies Act (WWS). This act regulates, among other things, rent price development in the Netherlands, including Delft. The WWS maximum protects tenants against excessively high and unreasonable increases.
The WWS maximum is set annually by the Netherlands Enterprise Agency (RVO) and depends on the rent allowance norm and the rent index. For 2024, the WWS maximum is, for example, 3.4% (for private sector dwellings outside the Rent Committee). For social housing in Delft, a lower limit often applies via housing associations.
Important: The WWS maximum applies only to private sector rental dwellings. For social housing (e.g., from associations in Delft), other rules apply via the Rent Committee.
Legal Basis
The main legal grounds for the WWS maximum are:
- Article 7:900 Civil Code (BW): regulates general rent increases.
- Housing Valuation and Subsidies Act (WWS): determines maximum increase for private sector.
- Housing Valuation Decree (BW): exact percentages and rules.
For social rent in Delft, the Rent Committee plays a role. For private sector, you can request a rent assessment. For Delft, you fall under the District Court of The Hague (district).
How Does the WWS Maximum Work in Practice?
The WWS maximum applies to annual rent increases. Your landlord may increase the rent by a maximum of this percentage, unless exceptions such as necessary improvements or additional costs.
Examples of WWS Maximum in Practice
| Current Rent | WWS Maximum 2024 | Maximum New Rent | Increase by Landlord | Is the Increase Allowed? |
|---|---|---|---|---|
| €1,200 | 3.4% | €1,240.80 | €1,300 | No (exceeds maximum) |
| €900 | 3.4% | €930.60 | €950 | Yes (within maximum) |
| €1,500 | 3.4% | €1,551 | €1,600 | No (exceeds maximum) |
Note: In case of exceedance in Delft, you can take action.
What Can You Do If Your Rent Increase Exceeds the WWS Maximum?
In Delft, you can take these steps:
- Check the rent increase: Ask your landlord for written explanation, including rent index and substantiation.
- Contact Juridisch Loket Delft: Address: [Fill in Juridisch Loket Delft details]. They offer free advice for tenants in Delft.
- Involve the Rent Committee (for social rent) or request a rent assessment (private sector).
- Initiate proceedings at District Court of The Hague: For Delft, this is the competent court (district The Hague). File a petition to reverse the increase.
- Consider mediation: In Delft, there are local initiatives for rent disputes.
Tip for Delft: Visit the Juridisch Loket Delft for personal guidance or check the website of the District Court of The Hague for procedures.