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  • Article 7:248 Will Decide More Dutch Rent Increases Than the Press Note Suggests
  • Article 7:248 Will Decide More Dutch Rent Increases Than the Press Note Suggests

    From 2027, more tenants can challenge rent increases before the Huurcommissie. Yet Article 7:248 BW, segment classification and unfair-terms case law already determine whether the landlord’s clause and evidence will surv
    October 1, 2026 by
    Paolo Maria Pavan

    From 2027 the Huurcommissie widens its gate, but Burgerlijk Wetboek Book 7 and prior unfair-terms rulings already decide the file.

    A small landlord is preparing the next annual rent increase when a tenant emails about a leak above the bedroom window. The contractor visited weeks earlier. The invoice is brief. Messages sit on two phones. Nobody recorded whether the repair held.

    Beside that inbox sits the draft notice itself. It shows a percentage taken from the contract clause, a start date, and little else.

    From 1 January 2027 that familiar file will meet a wider Huurcommissie gate. The Eerste Kamer approved the Wet toekomstbestendige Huurcommissie on 29 September 2026. The government has said the law takes effect at the start of next year.

    Social-sector tenants will then be able to challenge a contractual rent-increase clause before the Huurcommissie. Mid-rent and free-sector tenants already have that route. Mid-rent tenants also gain a clearer path against an annual increase where the Huurcommissie has already established serious defects before the increase takes effect. Written defect notice before a Huurcommissie defects case becomes part of the same timeline.

    That announcement matters. It is still not the whole juridical story. The column that only retells the press note stops one layer too early.

    The clause is already law

    The increase mechanism sits in Burgerlijk Wetboek Book 7. Article 7:248 BW is the centre of gravity for a contractual rent-increase clause. Where such a clause is in force, the statutory proposal route in articles 7:252 and 7:253 BW is shut out for as long as the clause governs.

    Where it is not, or where it has ceased to apply, the statutory route returns after the waiting period the Code provides. Article 7:248 also links overshooting increases to the maxima set under the Uitvoeringswet huurprijzen woonruimte. Its fourth paragraph gives the tenant a four-month window after the increase date to ask the Huurcommissie to rule on a clause-based rise in the situations the Code opens.

    Segment classification is not editorial colour. Article 7:247 BW and the Wet betaalbare huur frame still decide whether a dwelling sits in the regulated, mid-rent or liberalised world. That choice decides which maximum and which Huurcommissie path apply.

    One landlord who only remembers last year's percentage, without knowing which Book 7 route and which Uitvoeringswet maximum govern the unit, is already behind the file.

    Prior rulings already tested the clause

    The 2027 widening also lands after serious court testing of huurprijswijzigingsbedingen. On 29 November 2024 the Hoge Raad answered prejudiciële questions in ECLI:NL:HR:2024:1780.

    It treated a CPI indexation clause and a separate surcharge clause as distinct for unfair-terms review under Directive 93/13. A maximum annual surcharge of three percent above CPI was held, as such, not unfair. Individual circumstances at contracting can still change the outcome.

    The practical lesson for owners is blunt. The contract text is not a decorative schedule. Indexation and surcharge do different legal work, and each can be tested.

    Lower courts have already shown what happens when a surcharge fails that test. In ECLI:NL:RBROT:2024:7990 the Rechtbank Rotterdam set aside an unfair CPI-plus-five-percent change clause. Once the clause falls, the increases built on it fall with it. The starting rent can snap back into view.

    Where money was paid under an unfair surcharge, restitution under article 6:203 BW is the civil-law consequence the later Supreme Court frame also contemplates. So the 2027 Huurcommissie route does not invent clause risk. It multiplies the places where a weak clause and a weak proof trail become expensive.

    Defects join the same sequence

    The new defects route sharpens timing. A repair issue, its written notification, the Huurcommissie finding and the proposed increase form one sequence. Phone contact can preserve the relationship. A dated written follow-up preserves the legal file.

    Soft governance language does not. The question is whether the landlord can show receipt, inspection, contractor findings, closure and the notice under article 7:248 or the statutory proposal articles in one coherent chain.

    Service charges meet the ledger

    On the same commencement date the Wet modernisering servicekosten framework is scheduled to take effect for contracts concluded from 1 January 2027. It lists eight chargeable categories and lets the Huurcommissie review advance items. Existing contracts move only by agreement.

    That is another Book 7 and ledger problem: permitted category, supplier invoice, allocation key, advance, annual settlement and tenant communication. Totals that look reasonable while their allocation cannot be explained are already a dispute in waiting.

    CBS reported that residential rents in July 2026 were, on average, 4.4 percent higher than a year earlier. Existing contracts rose 3.8 percent. Turnover added 0.6 percentage points. Higher averages raise the value of precision. They do not replace articles 7:248, 7:252 and 7:253, the Uitvoeringswet maxima, or the unfair-terms line from the Hoge Raad.

    Return to the landlord with the leak and the draft notice. The useful question is not whether the tenant will complain. It is whether the clause text, the Book 7 route, the defect correspondence, the invoices and the percentage on the notice describe the same legal reality.

    When they do, the owner can answer calmly. When they do not, the commercial weakness already exists before any Huurcommissie file opens.

    The strongest small rental businesses in 2027 will not be the ones who only heard that the Senate approved a Huurcommissie reform. They will be the ones who can show which article governs the rise, which maximum caps it, which prior ruling frames the clause, and which proof trail can survive review.

    If you want to test whether your rent-increase clause, statutory route and supporting file tell the same legal story, contact me for a focused review.

    DISCUSS YOUR RENTAL FILE

    The data, sourcing, and analysis behind this article were conducted by Paolo Maria Pavan. AI was not used to identify sources, build the factual basis, or produce the analytical judgment contained here. AI was used only as a drafting aid. The final English text was personally reviewed, edited, and approved by Paolo Maria Pavan before publication.

    References

    • Eerste Kamer stemt in met wet voor toekomstbestendige Huurcommissie | Rijksoverheid.nl
    • Rijksoverheid - Procedural changes and Huurcommissie case capacity
    • Rijksoverheid - Service-charge rules beginning on the same date
    • Rijksoverheid - Mid-rent regulation remains under adjustment
    • CBS - Rent increases and tenant cash pressure in 2026
    • CBS - Private rental supply and the small-landlord base
    • Rijksoverheid - Huurcommissie workload, financing and digital case handling
    in Real Estate
    # Article 7:248 BW Dutch rental law Huurcommissie REAL ESTATE Rent increases Unfair terms
    Paolo Maria Pavan October 1, 2026
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