I’m an expat living in the Netherlands and rent an apartment for €2,650/month under a two-year fixed-term contract that started in 2025.
My contract itself includes a WWS assessment of 186 points. It states that the maximum rent under the 2025 Huurcommissie table is €1,184.82, then applies a 10% new-build surcharge to reach €1,303.30. It claims that because this higher amount exceeds the liberalisation threshold, the apartment qualifies as free-sector housing.
However, the Huurcommissie’s published guidance appears to say that a surcharge does not turn a regulated middle-rent property into a free-sector property, which starts at 187 points for new contracts covered by these rules.
I also have concerns about whether the 10% new-build surcharge actually applies to this apartment, and whether its A+ energy label is accurate. The apartment loses heat quickly, and there was a ceiling-window leak that took months to fix.
I estimate I may have overpaid around €17,000–€19,000, but I’m unsure whether I can still challenge the initial rent and recover the money. I’ve received conflicting advice about deadlines and the legal process, and I’m worried about the cost of getting professional help.
Has anyone successfully challenged a similar contract or recovered overpaid rent under the post-July 2024 rules? In particular, did you manage to get repayment, not just a rent reduction? Any advice on deadlines, legal aid, or affordable legal support would be appreciated.