Residential tenancy law in flux: seven legislative initiatives to keep an eye on

The summer holidays have already come to an end. For landlords and investors who haven’t been following all the developments in residential tenancy law closely this summer, here is an overview of the most important legislative processes and their current status.

1. Appropriate Tenancy Agreements Act: the online consultation runs until 28 August 2026.

Short-stay lettings (tenancy agreements that are, by their nature, of short duration) will be limited to a maximum of 30 nights. Lettings of 30 nights or more will therefore, by definition, fall under standard tenancy law, including rent control and tenant protection. For landlords who currently use short-stay arrangements for longer stays (particularly for expats, (international) students or migrant workers), this means they will have to amend their contract terms. In addition, temporary contracts of up to two years will be introduced for migrant workers (provided the accommodation meets quality requirements, including a private bedroom of at least 5.5 m²), and temporary student contracts will be made available to all students, regardless of their origin. Employers who let accommodation on their own premises to employees will be granted a new ground for termination upon the end of the employment contract. Please note: no transitional provisions have been made, meaning the new rules will apply immediately to both existing and new tenancy agreements upon coming into force.

You can still submit your comments: Overheid.nl | Consultation on Appropriate Tenancy Agreements

2. Minimum energy performance requirements for rental properties: the draft decree has been submitted to the House of Representatives and the Senate for preliminary consultation since 10 July 2026.

Owners of rental properties with energy labels E, F or G must improve the sustainability of their property or properties to at least energy label D by 1 January 2029 at the latest. This will take the form of a building regulation requirement in the Building Regulations (Bbl) that applies to the property itself, not to the tenancy agreement. There will be no ban on use, but local authorities will be granted supervisory and enforcement powers to encourage landlords.

Certain categories are exempt: listed buildings, properties for temporary use (up to 2 years), small self-contained dwellings (smaller than 50 m²) and buildings earmarked for demolition. In a owners’ association (VvE) comprising both owner-occupied and rented properties, a best-efforts obligation applies. Landlords may make use of the SVOH grant (up to €15,000 per property). In parallel, an investigation is underway into whether the rent regulation in the Civil Code needs to be amended to make it easier to incorporate sustainability investments into the rent.

3. Room rental: a bill (Parliamentary Document 36992) has been before the House of Representatives since 7 July 2026. Intended date of entry into force: 1 January 2027.

Roommate rentals already have a 9-month trial period, but under current law, a tenancy agreement for an indefinite period comes into effect after that trial period if the landlord does not give notice. The bill therefore introduces a new fixed-term tenancy agreement for roommate rentals of up to 5 years. At the end of that term, the tenancy ends automatically (provided the landlady gives notice in good time), without a tenancy agreement for an indefinite period coming into effect. This gives owner-occupiers who wish to let a room considerably more flexibility. In addition, new grounds for termination will be introduced, including the (compulsory) sale of the property, the death of the landlady, and the relocation of a landlady who is herself a tenant. For tenants of landladies who pay higher, income-dependent rent increases, the rental income may be disregarded. The new rules apply only to tenancy agreements entered into after the legislation comes into force.

4. Service Charges Modernisation Act: already passed by the Senate (22 April 2025).

The Service Charges Decree and the Service Charges Regulations were published on 1 April 2026. Entry into force: 1 January 2027. The current open-ended standard for service charges will be replaced by an exhaustive list of eight cost categories. Costs not included on this list may no longer be passed on as service charges. Examples include costs for fitness facilities or compulsory ‘community agreements’, which were regularly listed as service charges in the recent past. The distinction between utilities with individual meters and other service charges will be abolished, enabling the Rent Tribunal to assess the full advance payment amount. The threshold for collective applications to the Rent Tribunal will be lowered (no longer a 50 per cent approval requirement and no longer a minimum amount). Landlords who fail to provide a correct or timely annual statement risk having the amount set at standard rates or at zero. The new rules apply to tenancy agreements entered into on or after 1 January 2027. For existing contracts, the parties may opt to adopt the new rules voluntarily.

5. Optimisation of the WWS / Affordable Rent Act: on 16 June 2026, the House of Representatives approved three measures. These are now before the Council of State for advice. Intended date of entry into force: 1 January 2027.

The three measures adopted are:
1. a WOZ value surcharge when applying the WOZ cap, ensuring that the maximum rent better reflects the actual WOZ value, without the property falling outside the regulated mid-market segment. This may result in a higher maximum rent for landlords in areas with higher WOZ values;

2. the removal of the 5 penalty points currently deducted for the lack of outdoor space, which will lead to a higher points total, particularly for flats without a balcony or garden; and

3. a higher WWS valuation for small listed buildings up to 40 m².

Two other measures are being dealt with separately and will be subject to an online consultation later in 2026: extending the temporary 10 per cent new-build surcharge by four years (until construction starts on 1 January 2032), and making temporary student tenancy agreements available to all students. In addition, the implementation review of the Affordable Rent Act is currently underway, which must be submitted to Parliament by 1 July 2027 at the latest.

6. Rent Register: still in the exploratory phase. The online consultation ran from 16 April to 28 May 2026. A go/no-go decision by the Minister will follow in the third quarter of 2026.

Should the decision be positive, the legislative process for a Rent Register Act (including an Order in Council and ministerial regulations) will commence. This bill must then be submitted to the Council of State for advice and subsequently debated and passed by both the House of Representatives and the Senate. Implementation will therefore only take place once the entire legislative process has been completed. If the Act is passed, every landlord (including those letting rooms to students) will be obliged to register every residential property that is let or to be let in a national, publicly accessible database. Landlords will then be issued with a rental number which must be stated in advertisements and the tenancy agreement. The details to be registered include the landlord’s identity, the address, the energy performance certificate, the rent, the WWS points at the start of the tenancy and the service charges. Any changes must be updated within 31 days and the registration must be confirmed annually. Local authorities will act as supervisory bodies and will be able to enforce compliance through administrative law.

The intended timetable (subject to the legislative process) is a phased introduction: voluntary pilot registration from 2028, mandatory submission by housing associations and large landlords from 2029, and mandatory registration for all landlords from 2030.

7. Future-proof Rent Tribunal Act: bill passed by the House of Representatives on 21 April 2026. Now under written consideration by the Senate.

From now on, tenants must first report defects to the landlord in writing (by letter, email or app) before they can initiate proceedings with the Rent Tribunal. A verbal complaint alone is no longer sufficient. Tenants in the social housing sector may now also initiate proceedings regarding a rent increase based on a rent increase clause. Until now, this was only possible in the mid-market and private sectors. Furthermore, a rent increase based on such a clause can no longer be implemented if the Rent Tribunal has identified a defect that has led to a temporary rent reduction. The deadline for a chairperson’s ruling is extended from four to six weeks and the period for lodging an objection is extended from three to six weeks, giving tenants and landlords more time to consider their options. The Rent Tribunal is also being given a ‘pause button’ enabling it to temporarily suspend the processing period whilst awaiting documents from other authorities or from the parties themselves, and to deploy additional chairpersons during peak periods. If a tenant withdraws a request after receiving the investigation report, the right to a refund of the advance fee lapses. In addition, an amendment has been adopted that gives the Rent Tribunal greater flexibility to apply differentiated administrative fee rates. Tenants and landlords are given broader scope to challenge members of hearing panels in cases of doubt regarding their impartiality or independence. Finally, the option to bring proceedings before the Rent Tribunal on the basis of a ‘complaint regarding the landlord’s conduct’ is abolished.

Conclusion

In short: the regulations governing housing are constantly changing. That is pretty much the only constant. Please feel free to get in touch if you have any questions.