Along the A12 in Zoetermeer, where IT employees and service providers commute daily to Den Haag, a tenant in the Seghwaert district suddenly receives a letter concerning a WOZ-driven rent increase of 14 percent. Such situations occur more frequently in the residential neighbourhoods with extensive cycle-path networks around the Zoetermeerse Plas.
Background to the judgment
For years, landlords have applied WOZ increases to raise rents in the private sector well above inflation. A 15 percent rise in the WOZ value led directly to equally large rent increases, sometimes amounting to tens of euros per month. Tenants challenged these increases on grounds of reasonableness.
The Hoge Raad’s ruling
The Hoge Raad establishes three clear principles:
1. WOZ linkage does not constitute automatic justification
A WOZ increase often reflects speculative market value rather than any actual improvement to the dwelling. Tenants are not required to pay the speculative premium that rests on the owner.
2. Tenant may require substantiation per property
Landlords must demonstrate that the WOZ increase is linked to improved quality, maintenance or objective market dynamics in the neighbourhood — and not merely to a municipal paper valuation.
3. Unreasonably onerous clauses are voidable
WOZ linkages without a cap or exception are unreasonably onerous (article 6:233 BW) and therefore voidable. The tenant may demand that the clause be declared inapplicable.
What changes for tenants?
- Tenants with a WOZ clause may contest increases above inflation plus maintenance
- Excessive increases already paid may be reclaimed for up to three years
- Written objection must be lodged within six weeks of notification
- In case of dispute: application to the Huurcommissie or the subdistrict court of the Rechtbank Den Haag
What must landlords adjust?
Existing contracts:
- Convert the WOZ linkage to an inflation-plus-maintenance formula
- Have written substantiation ready for future increases
- Refrain from threatening automatic termination when a tenant contests an increase — this has become riskier after the judgment
Consequences for the region
The ruling aligns with a broader trend of tenant protection in the private sector. In 2026 other automatic mechanisms are also likely to be restricted; politicians have identified this as a legislative topic for 2027.
Practical advice for tenants
Have you received a WOZ-related increase in the past three years that you considered disproportionate? Request written substantiation, retain all correspondence and, if necessary, consult the Arslan-kantoor at Argonstraat 26 or the Juridisch Loket Zoetermeer. The three-year limitation period for recovery (article 3:309 BW) begins to run once you could reasonably have been aware of the unlawfulness.