The Dutch housing rental sector has a regulated system to set rents fairly and transparently: the housing rating system (WWS), also known as the point system. This system awards points to homes based on their quality and amenities.
Based on the total number of points, it is determined in which segment the house falls: social rent, medium rent or free sector. For social rent and the regulated middle segment, the WWS determines the maximum permitted rent. The point system is thus an important means of protecting tenants from unreasonably high rents, especially in a tight housing market. For landlords too, the system provides clarity and guidance on what is legally allowed.
How does point scoring work?
The point system assigns points to a property based on objective characteristics, such as:
- Area of the property (living space, kitchen, bathroom, etc.)
- Amenities (such as a separate shower, modern sanitary fittings, central heating system)
- Energy label
- WOZ-value of the property
- Location of the property
Based on the total number of points, the maximum allowable rent is determined. If this rental price is below a certain amount (the so-called liberalisation threshold), the house falls under the social rental. Above that limit, we speak of the middle segment or free sector.
In 2025, the following guidelines will apply:
- Social rent: houses with less than 144 points fall into the social segment. The maximum rent here remains below the liberalisation limit of € 879.66 (as of 1 January 2025). These homes are subject to strict rent regulation.
- Middle rental (regulated middle segment): Properties with 144 to 186 points with a rent ranging from € 900.07 to € 1184.82 per month fall into the regulated middle segment. Here too, a maximum rent applies based on the point score. The rent is above the liberalisation threshold, but is still regulated. This segment is intended for people with a middle income who earn too much for social rent, but cannot afford an expensive free sector house.
- Free sector (liberalised rent): Houses with more than 186 points fall into the free sector. In this segment, the landlord is basically free to set the rent, provided there are no unfair practices or other restrictions such as local rules.
Who draws up the point score?
A point score (according to the housing rating system, WWS) can in principle be drawn up by anyone:
- The landlord himself (owner of the property)
- The estate agent or letting agent, if acting on behalf of the owner
- A professional party, such as a valuer or specialised consultancy firm
There is no legal obligation for the point score to be drawn up by a certified or sworn expert. What is important, however, is that the point score is completed objectively, completely and correctly, especially when it comes to the letting of social rented or mid-rent properties.
Although there is no obligation for an independent person to draw up the scoring, the information must be correct. In case of disputes, the Rent Commission tests the scoring objectively.
Obligation to hand over the point score
Since 1 January 2024, it is mandatory to hand over a point score to the tenant at the start of a rental agreement of a regulated rental home (social rented). This is stipulated in the Good Landlord Act and additional regulations from the Housing Rents Decree.
What if you don't hand over a point score?
If a landlord or intermediary does not hand over a point score:
- Can the tenant go to the Rent Commission
- Can the municipality take enforcement action
- Risk of fines of up to €22,500 per property, depending on municipality and situation
- Tenant may be able to enforce a lower rent through the Rent Commission
What are the consequences of an incorrect point score?
An incorrect or misleading point count can have far-reaching consequences for the landlord or estate agent involved. For example, the Rent Commission may adjust the rent downwards if it turns out that the property is worth less points than stated. This can lead to a mandatory repayment of excess rent received to the tenant. In addition, municipalities can impose administrative fines for violating regulations around rent protection.
Conclusion
The scoring system is a crucial part of Dutch rental law. For landlords, it is important to draw up a correct point score and provide it to the tenant in a timely manner. Failure to comply with these rules can have hefty financial and legal consequences.
When it comes to point scoring, landlords and estate agents alike would be wise to get well-informed or seek legal advice to comply with all obligations.
