In a Tilburg office building along the Spoorlaan, where logistics and industrial companies have their headquarters, an 18 per cent rise in the WOZ value led to a rent increase of more than €120 per month for a medium-sized commercial property. That practice has now been restricted.
Background to the judgment
For several years, landlords in the unregulated rental sector (vrije sector) have used the annual WOZ adjustment as a lever for increases that far exceed inflation. In Tilburg, with its mix of textile history and modern distribution centres around the A58, this frequently occurs in properties that have recently been acquired as investment assets.
The judgment of the Hoge Raad
Three clear principles emerge from the judgment:
1. A WOZ increase does not justify an automatic rent rise
Paper value growth says little about actual investments in the property. Tenants are not required to finance the owner’s speculative gains.
2. Substantiation per property is mandatory
Landlords must specifically demonstrate that maintenance, quality or neighbourhood development justify the increase. A simple municipal valuation is no longer sufficient.
3. Clauses without a cap are voidable
WOZ linkages without a maximum or exceptions are unreasonably onerous and may be set aside under article 6:233 BW.
Consequences for tenants in the region
- Increases above inflation plus maintenance are contestable
- Overpaid amounts can be reclaimed for up to three years
- Objections must be submitted in writing within six weeks
- Disputes are handled by the Huurcommissie or the kantonrechter of Rechtbank Zeeland-West-Brabant in Breda
Practical advice for tenants in Tilburg
Have you received a WOZ-driven increase in the past three years that you considered excessive? Request written substantiation, keep all emails and letters, and consider contacting Juridisch Loket Tilburg or a specialist. The Arslan office at Spoorlaan 350 (013 - 5300 300) is happy to provide an initial assessment.
Adjustments for landlords
Existing contracts must be revised to an inflation-plus-maintenance formula. Future increases require a detailed justification per property. Threatening termination in response to resistance now carries additional litigation risks.
Longer term
The ruling forms part of a broader trend of stronger tenant protection. Further restrictions on automatic indexation are expected in 2026-2027, including for energy and CPI linkages.