Required Disclosures for Landlords in the Netherlands

Dutch landlords have extensive disclosure obligations toward their tenants, primarily governed by the Good Landlordship Act (effective 1 July 2023). These requirements have been significantly expanded in recent years by the Affordable Rent Act (1 July 2024). Failure to provide this information can lead to administrative fines from the municipality of up to €25,750 (or €103,000 for repeat offenders).

1. The Good Landlordship Information Document

Since July 1, 2023, landlords must provide tenants with a written information document (in a language the tenant understands) covering:

• Tenant Rights and Obligations: Including the right to rental protection and the maximum rent.
• Service Charges: A breakdown of what is included and how it is calculated.
• Maintenance: Who is responsible for what (referencing the 'Besluit kleine herstellingen').
• Municipal Contact Points: The address and contact info for the municipal "Meldpunt" (reporting point) for undesirable landlord behavior.
• Security Deposit: The amount and the specific return conditions and deadlines.

2. Energy Label (EPA)

A valid Energy Label is mandatory for almost all residential rentals in the Netherlands:

• Presentation: It must be presented to the tenant before the lease is signed.
• Advertising: The label rating (A to G) must be included in the property listing.
• Validity: Labels are valid for 10 years.
• 2030 Target: Current national policy targets 2030 for phasing out properties with labels E, F, or G from the rental sector.

3. WWS Point Calculation (Housing Valuation System)

Since July 1, 2024, the Woningwaarderingsstelsel (WWS) is mandatory for new leases in the social and middle-rent segments, meaning landlords are obliged to adhere to the maximum rent prices determined by the WWS.

However, for all new leases, landlords must provide a transparent WWS point calculation to the tenant from January 1, 2025.

• The Points: Points are awarded for surface area, energy efficiency, quality of kitchen/bathroom/sanitary facilities, outdoor space, and WOZ value.
• The Limit: If the property scores up to 186 points, it falls within the regulated middle segment, and the landlord cannot charge more than the maximum rent determined by that score.
• Mandatory Disclosure: From January 1, 2025, landlords are legally obliged to provide the WWS report as an attachment to the rental contract and have the tenant sign for receipt.

4. Annual Service Charge Statement (Art. 7:259 BW)

Landlords must provide an annual Afrekening Servicekosten (Service Charge Statement):

• Deadline: No later than 6 months after the end of the calendar year (i.e., before July 1st of the following year).
• Transparency: The statement must show actual costs versus the advance payments (voorschot) paid by the tenant.
• Profit Ban: Landlords are legally prohibited from making a profit on service charges; they can only pass through actual costs.

5. Move-in Inspection Report (PVO)

While not strictly a "disclosure," providing a signed Process-Verbaal van Oplevering (PVO) with photos is essential for both parties. Without it, the property is presumed to have been in the same state at the end of the lease as it was at the beginning (except for what the landlord can prove otherwise).

6. Lead Pipes and Asbestos

• Asbestos: For buildings constructed before 1994, landlords are highly encouraged to disclose the presence of any known asbestos.
• Lead Pipes: If lead pipes are present, the landlord must disclose this as it constitutes a "defect" (gebrek) due to health risks.

Best Practices for Landlords

1. Create a 'Tenant Handbook': Compile all the mandatory Good Landlordship info into one PDF.
2. Track July 1st: Ensure all service charge statements for the previous year are sent before this date to avoid Huurcommissie claims.
3. Verify Energy Labels: Ensure your label is "EPA-U" or "EPA-W" certified and hasn't expired.

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