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Blogs Amsterdam Trading Culture ⸱ 23-12-2024

Rental law in Amsterdam: From housing law to affordable rent

This blog is part of a series stemming from the podcast series “Amsterdamse Handelsgeest’’ (Amsterdam’s Trading Culture), in which we delve deeper into Amsterdam’s rich history in honour of the city’s 750th anniversary. Amsterdam’s Trading Culture refers to Amsterdam’s historical tradition of entrepreneurship, innovation, and pragmatic trading that has driven its success as a hub of global commerce.

In this blog series, we discuss topics such as the legal aspects of living, working and developing in Amsterdam. In this edition, we focus on the evolution of rental law in the city, which is related to the  first episode of the podcast: Living in Amsterdam: From the Historic Housing Act to Modern Challenges.

Expertise

The origins of tenancy law

Amsterdam has a long history of housing and rent legislation, which still has a major influence on the current housing market. Rental law plays an important role in ensuring fair and decent living conditions for both tenants and landlords. The development of rental law in Amsterdam is the result of centuries of struggle for better living conditions, especially for the city’s poorer residents.

In the 19th century, living conditions for many Amsterdam citizens were dire. Entire families often lived in small, poorly maintained houses without running water or sewers. Diseases like typhoid and cholera were common, especially in overcrowded neighbourhoods like the Jordaan. These harrowing conditions led to the introduction of the Housing Act in 1901, which took the first steps in improving housing in the Netherlands.

The impact of the Housing Act

The Housing Act gave municipalities the power to demolish slums and build new, sound housing. It also made social housing possible, with the aim of creating affordable and safe housing for working-class families. This was a turning point in Dutch history, as it laid the foundation for today’s social housing and the housing rating system.

In 1994, the housing rating system was introduced, which ensures that the rent of a property is linked to its quality and the number of points a property receives based on amenities such as area, energy efficiency and location. This system helps tenants pay fair prices for their property, while providing landlords with clear guidelines on the maximum rent they can charge.

Affordable Rent Act: a step forward

The recent introduction of the Affordable Rent Act on 1 July 2023 is another step in the regulation of the rental market. This law aims to increase the availability of affordable housing in the middle segment, especially in cities like Amsterdam, where demand for housing is high. The law introduces rent regulation for properties that were previously outside the social rental sector, meaning that stricter rules will now also apply to landlords in the middle segment.

The new law states that rents in the middle segment must match the quality of housing and affordability for tenants. This means landlords have less freedom to base their rents on the free market, which may affect the availability of rental housing. For many tenants, however, the law provides protection against excessive rent increases and uncertainty in the housing market.

A dynamic rental market

The combination of the housing valuation system and the Affordable Rent Act shows the Dutch legislator’s commitment to a balanced rental market in which both tenants’ and landlords’ interests are protected. The development of this legislation is a direct consequence of the historical challenges Amsterdam and other cities have faced.

Although these regulations make the rental market in Amsterdam more manageable, the city’s housing market remains under pressure. The growing demand for housing means that there is still a shortage of affordable rental housing, despite the legislation that has been introduced. This means that further adjustments and legislative developments may be necessary to restore the balance between supply and demand.

In short, rental law in Amsterdam has evolved from a basic need for decent housing to a complex legal system focused on striking a balance between affordability, quality and availability. The evolution of the Housing Act into the Affordable Rent Act illustrates the ongoing efforts to ensure equitable housing conditions for all residents of the city.

Do you have questions about your rights as a tenant or landlord? Contact us for expert advice and tailored guidance.

Curious about the other blogs in this Amsterdam Commercial Spirit blog series, click here, or listen to the podcast series here

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