Calculate reasonable subrent for tenants in the Netherlands
As a tenant in the Netherlands you want to know what constitutes reasonable subrent, what rights and obligations apply, and what steps to take in case of disagreement. This guide explains step by step how to calculate reasonable subrent, which evidence matters and when to involve the Rent Tribunal or other authorities. We use plain language so you can act quickly, for example how to collect payment proofs and which deadlines to follow. Along the way we refer to relevant laws and official sources so you have targeted information to support your case.
What is reasonable subrent?
Subletting means that a tenant (the primary tenant) has someone else (the subtenant) stay in part of the dwelling in exchange for payment. Reasonable subrent depends on comparable accommodations in the area, the size of the room and which costs are shared. Legally, subletting often falls under the rental rules in Book 7 of the Civil Code[1], but precise application depends on your rental agreement and local practice.
How to determine reasonable subrent
You can calculate reasonable subrent by comparing similar rooms or additional rental offers in your area, taking into account costs for gas, water and electricity that are included or charged separately. Also record extra costs such as cleaning fees or shared subscriptions, and create a simple calculation to agree with the subtenant.
- Compare the monthly rent with similar rooms in the area (rent).
- Add the correct share of service charges and utilities to the rent.
- Keep evidence: photos, payment receipts and written agreements.
- Consider notice periods and deadlines for disputes (deadlines).
Practical calculation and example
Create a summary with these items: base rent of the room, share of service charges, utilities and a reasonable discount for shared spaces. Calculation: base rent + share service charges + utilities - discount for shared space = proposed subrent.
- Determine base rent of comparable rooms.
- Add the correct share of service charges and utilities.
- Account for discounts for shared facilities.
What to do in case of a dispute
If you disagree with the primary tenant about the amount of subrent, first try to negotiate and record proposals in writing. If negotiation fails, you can involve the Rent Tribunal or seek legal advice; the Rent Tribunal handles specific rent and service charge issues and provides guidance on reasonable amounts[2]. In some cases the subdistrict court decides, especially for contractual matters or eviction.
Frequently Asked Questions
- Can a primary tenant sublet without landlord permission?
- That depends on your rental agreement; many contracts require landlord permission, otherwise subletting can be restricted or prohibited.
- How do I ask the Rent Tribunal for a ruling on subrent?
- You file an application with the Rent Tribunal including evidence of rental amounts, service charges and written agreements.
- What happens if the landlord objects to subletting?
- The landlord may pursue legal action; it is important to show your rental agreement and written arrangements and seek legal advice.
How-To
- Collect evidence: contracts, payment receipts and photos.
- Compare market prices and calculate a reasonable subrent.
- Record agreements in writing and have both parties sign.
- Seek assistance from the Rent Tribunal or legal advice if negotiation fails.
Key Takeaways
- Document everything carefully to support your position.
- Always check your rental agreement for subletting permission.
- Get help early from the Rent Tribunal or legal advice.
Help and Support
- Rent Tribunal - information and applications
- Wetten.nl - Civil Code Book 7
- Government.nl - housing information
