Exceeding the WWS Maximum: What Now?
If your rent increase exceeds the WWS maximum (Housing Valuation and Subsidies Act), you can challenge it legally in Tilburg. The WWS maximum is the legally established limit on how much your rent may be increased per year. If your landlord exceeds this limit, the increase may be unlawful. This article explains what the WWS maximum is, how to check if your rent increase complies with it, and what you can do if it is exceeded, including local institutions in Tilburg.
What is the WWS Maximum?
The WWS maximum is the maximum annual rent increase that a landlord may implement under the Housing Valuation and Subsidies Act (WWS). This act regulates, among other things, rent price development in the Netherlands, including Tilburg. The WWS maximum protects tenants against excessively high and unreasonable increases.
The WWS maximum is set annually by the Netherlands Enterprise Agency (RVO) and depends on the rent allowance norm and the rent index. For 2024, the WWS maximum is, for example, 3.4% (for private sector homes outside the Rent Tribunal). Social housing in Tilburg often has stricter limits.
Important: The WWS maximum primarily applies to private sector rental properties. For social housing in Tilburg (e.g., housing associations), other rules apply under the Rent Tribunal.
Legal Basis
The main legal grounds are:
- Article 7:900 Dutch Civil Code (BW): general rules for rent increases.
- Housing Valuation and Subsidies Act (WWS): maximum for private sector.
- Housing Valuation Decree (Bws): exact percentages and conditions.
For social housing in Tilburg, the Rent Tribunal plays a major role. For private sector properties, you can initiate a rent price procedure at the District Court of Zeeland-West-Brabant, Wilhelminapark 100, Tilburg.
How does the WWS Maximum Work in Practice in Tilburg?
The maximum applies to annual increases. Your landlord may increase the rent by no more than the WWS percentage, except for improvements or service charges. In Tilburg, this is often seen with private sector apartments.
Examples WWS Maximum 2024
| Current Rent | WWS Maximum 2024 | Max. New Rent | Proposed Increase | Allowed? |
|---|---|---|---|---|
| €1,200 | 3.4% | €1,240.80 | €1,300 | No (exceeded) |
| €900 | 3.4% | €930.60 | €930 | Yes |
| €1,500 | 3.4% | €1,551 | €1,600 | No |
Note: Exceedance? Challenge it at the District Court of Zeeland-West-Brabant, Wilhelminapark 100, Tilburg.
What to Do in Case of Exceedance in Tilburg?
Follow these steps:
- Check the increase: Request written substantiation with the rent index from your landlord.
- Contact Juridisch Loket Tilburg: Juridisch Loket Tilburg, Spoorlaan 364. Free advice for low incomes.
- Send a formal letter: Demand adjustment within 14 days, referring to WWS and BW art. 7:900.
- Initiate procedure: If no response, summons via District Court of Zeeland-West-Brabant, Wilhelminapark 100, Tilburg.
- Rent assessment: For private sector, you can enforce a reduction if the rent is too high.
Tilburg-specific: Housing associations such as Tilburg housing foundation follow Rent Tribunal rules. Private sector? Go to court. Success stories from Tilburg often involve reclaiming overpaid rent.
Local Assistance in Tilburg
- District Court of Zeeland-West-Brabant: Wilhelminapark 100, 5041 EA Tilburg. Tel: 088-3621000.
- Juridisch Loket Tilburg: Spoorlaan 364, 5038 CC Tilburg. Tel: 0900-8020 (national).
- Woonbond Midden Brabant: For tenants' association and advocacy.