Renting via funda

Transparent rental prices: additional costs made clear in advance

Looking for a rental property? There are more than 10,000 rental properties available on funda Huur, which are offered by rental brokers.

All intermediaries who place rental properties on funda must be transparent about any additional costs that they or the landlord charge you as a tenant. This way you can clearly see in advance what costs you can expect and there are no surprises. Additional costs include service costs and utilities, a security deposit and, under certain circumstances, the tenant costs. You can find these under 'Details' for the relevant accommodation.

Service costs and utilities: costs on top of the basic rent


Service costs are all costs associated with the rental property, that are charged to you for goods and services in addition to the basic rent. For example, it may concern costs for cleaning, gardening, soft furnishings and furniture and caretaker services. Service costs also include costs for the consumption of water, gas, electricity, including heating costs if the tenant does not have his own meter.

Utility costs are, in this case, costs of gas, electricity and water for which the tenant does have his own meter.

If no distinction is made in the rental contract between the rent, the service costs and utilities, an all-inclusive price is used.

Annual statement

Each year the tenant should receive an overview of the service costs and, if the tenant has their own meter, also the costs for utilities.

Lodging an objection

If a tenant with a non-liberalized rental contract does not agree with the amount of the service costs or utilities, an objection may be made to the Rent Tribunal. A tenant with a liberalized lease must appeal to the court.

In the case of an all-in price there can never be a liberalized rental price in the spirit of the law. The basic rental cost is not known because only a total price has been agreed. If there is an all-in price, the tenant can request that the landlord split the all-in price into a basic rental price and an advance payment of service costs and utilities. If the landlord and tenant can’t reach agreement, they can go to the Rent Tribunal.

For more information about all-in prices visit the national government website or the Rent Tribunal website.

Below is an overview of costs that fall under service costs.

Types of costs

Energy and water

What is covered?

Costs of the use of water, gas, electricity or other energy, including heating costs if the tenant does not have their own meter.

Which costs can be passed on?

The total costs incurred, allocated according to an agreed apportionment formula or a betterment formula that the Rent Tribunal finds reasonable.

The following are covered by utlities:

Which costs are not covered by service costs or utilities?

  • Costs of care services such as provision of meals, nursing and alarm services.
  • Taxes and fees such as sewerage charges. The landlord can pass on certain costs and charges, but not through the service costs. Owners receive the bill for owner’s taxes (such as property tax) and users (tenants) for user charges (for example the waste tax).
  • • Maintenance costs and repairs that are for the account of the landlord.

Renting via funda:

  • Reliable
  • Transparent
  • Simple

Deposit: permitted, if reasonable

Guideline: maximum rent for 3 months. It is possible that landlords ask for a deposit (deposit). A deposit serves, among other things, to give the landlord security in the event of a payment arrears or to compensate damage caused by the tenant to the property. In principle if the house is handed over undamaged upon termination of the lease and if there are no payment arrears, the landlord must repay the deposit. The landlord is not obliged to pay interest on the deposit. When paying the deposit it is advisable to request a receipt or proof of payment.

Tenant costs: which costs are permitted?

Brokerage fees

If you want to rent a property through an agent/ broker / intermediary ("intermediary") it is possible that you will be asked to pay agency fees or other costs. However, that is not as clear cut as it might seem.

Of course, you have to pay an intermediary if you have instructed them to look for a home for you and the intermediary acts exclusively on your behalf as a renter. The fact that he only acts for you - is very important. If you, as a private individual, find a property on funda, that has been registered by your own intermediary on behalf of the landlord, you do not have to pay him a broker’s fee. Even if he doesn’t receive a fee from the landlord either. The rules on dual agency apply in this case. These rules are explained in more detail below.

Read the information below to avoid paying for something that you are not required to. Use the draft documents provided top reclaim your money if you have unduly paid (brokerage) fees.

When do you not have to pay (brokerage) fees?

An intermediary who offers a home on a funda always acts on behalf of the landlord with regard to that property. If an intermediary works on behalf of both the landlord and tenant (dual agency), he is not permitted to charge the private tenant for his services (articles 417 and 427 of book 7 of the Civil Code). These costs are charged to the landlord. It is not permitted to charge these costs to the tenant even if the fee is given a name other than “remuneration” such as brokerage, contract, marketing, rental, administration, commission, advice or brokerage costs, retainer, key money, registration fee, one-off tenant costs, and so on. Unfortunately, the law does not provide complete clarity about what does and does not fall under the concept of "wage". In general, however, it is assumed that all costs incurred during the brokerage process are considered as wages in the process of searching for a rented house and finalizing a lease. The rule that no wage may be charged to the tenant does not apply if the tenant acts for business purposes.

When is it permitted to charge (brokerage) fees?

If the intermediary works exclusively on behalf of the landlord, it is more difficult to indicate which fees may and may not be charged to a tenant. According to the law, a landlord is free to negotiate a gain for himself or for his intermediary. However, there can be no question of specifying an unreasonable gain (Article 264 of Book 7 of the Dutch Civil Code). This is the case if there is no or negligible return for the tenant with regards to the additional fees. In short, they must be reasonable fees that are justified by the effort invested by the intermediary or landlord.

To provide some clarification, a number of types of fees which may be charged to the tenant are listed below. N.B. The following is based on single and therefore not dual agency. In the case of dual agency, the fees will usually fall under "wages" and for that reason cannot be passed on to a tenant.

Types of fees

Key money

Permitted?

Not permitted.

Explanation

Key money is the amount that is requested by the landlord or by departing tenants to the new tenant in exchange for the key. Requiring key money is considered an unreasonable clause as referred to in Section 7: 264 sub section 1 of the Dutch Civil Code (there is no or negligible return for the tenant) and it is therefore not permitted. Did you pay key money? Then you can reclaim this via the courts. You must then prove that it has been paid, for example with a receipt or through witnesses (not family).

Disputes

For disputes about tenant fees, you can contact the Disputes Committee (De Geschillencommissie). If you are not a consumer but an entrepreneur, you can contact the Disputes Committee Real Estate Agency Business Sector (De Geschillencommissie Makelaardij Zakelijke Markt).

Beware! You can only contact the Disputes Committee if you yourself are the client and your intermediary is affiliated with the Disputes Committee. You can find out if your intermediary is affiliated in the Disputes Committee directory (adressengids), van De Geschillencommissie kunt u vinden of uw intermediair is aangesloten.

If you are not a client, you cannot go to the Disputes Committee. In that case you will have to go to court.

You can use the documents that have been made available by the NVM for the recovery of unduly paid bokerage fees: Summons NVM brokerage fees, Summons NVM brokerage fees rental and NVM explanation summons.