Wet betaalbare huur: how the Affordable Rent Act protects tenants in 2026
The Wet betaalbare huur, the Affordable Rent Act that took effect on 1 July 2024, changed how rent is set for hundreds of thousands of homes in the Netherlands. The points-based maximum rent that used to be only advisory for the mid-segment is now legally binding, and tenants on a new contract can ask the Huurcommissie to lower their rent if it sits above the cap. The law is most useful if you understand the points system, the 2026 thresholds, and the six-month deadline that applies to free-sector tenants.
Why the Affordable Rent Act exists
The Affordable Rent Act extends rent regulation from social housing into a new mid-segment and makes the points-based maximum rent legally binding instead of advisory (Rijksoverheid, 2024). The aim is to return roughly 113,000 homes to the regulated segment and lower rents for about 300,000 households by an average of €190 per month.
The law applies to new contracts signed from 1 July 2024. Existing contracts keep their old rules under overgangsrecht until the tenant signs a new contract, so the protection arrives at the moment you move or renew.
The points system and the 2026 thresholds
Every self-contained home has a score under the woningwaarderingsstelsel (WWS). Points come from surface area, kitchen and bathroom quality, energy label, WOZ value, outdoor space, and the home's location. The total decides which segment the home belongs to.
From 1 January 2026 the thresholds are: 0 to 143 points is social sector with a maximum rent of €932.93, 144 to 186 points is mid-segment with a maximum of €1,228.07, and 187 points or more sits in the free sector without a cap (Rijksoverheid, indexering 2026). New-build mid-segment homes get a 10% surcharge on the maximum for 20 years if construction started before 1 January 2028 and the home was first let after 1 July 2024 (Volkshuisvesting Nederland).
How to check whether your rent is too high
Use the official Huurprijscheck on the Huurcommissie website to count your home's points and read off the maximum rent. You need the floor plan, the energy label, and the WOZ value, which is free to look up on the WOZ-waardeloket.
If the calculator's maximum is lower than the rent in your contract, you may have a claim. The check takes about fifteen minutes and is free. Two visually similar apartments can end up in different segments because of small differences in outdoor space, storage, or WOZ value, so it is worth running the check even when the rent looks roughly market-level.
Filing a complaint with the Huurcommissie
You can ask the Huurcommissie to review your initial rent, the aanvangshuurprijs. For free-sector tenants on a contract signed after 1 July 2024, the request must be filed within six months of the contract start date (Huurcommissie). Social and mid-segment tenants do not face that deadline for the initial rent check, but acting early avoids extra months of overpayment.
If the Huurcommissie rules in your favour, the landlord must lower the rent and repay the difference back to the contract start date. The decision is binding unless either party appeals to the court within eight weeks. The procedure is administrative, not adversarial, and tenants usually run it without a lawyer.
Penalties for landlords and the role of your gemeente
Since 1 January 2025, municipalities can fine landlords who charge above the legal maximum under the Wet goed verhuurderschap. The maximum administrative fine for a first violation is €25,750 (Volkshuisvesting Nederland). Every municipality runs a meldpunt where tenants can report problems.
Filing with the meldpunt and starting a Huurcommissie case can run in parallel. The Huurcommissie decides the rent, the gemeente sanctions the landlord. The escalation ladder for the gemeente is a written warning, administrative enforcement, a fine, and in extreme cases takeover of property management.
The market reality you will still face
The law's stated aim was lower mid-segment rents, but the visible 2025 reality is different. Free-sector listings at NVM brokers were 38% lower year on year in the fourth quarter of 2025, and Pararius reported a 35.5% drop in new free-sector listings in the first quarter of 2025 (NVM; Pararius).
Average asking rent in the free sector reached €20.65 per square metre in Q4 2025, up 8.3% year on year (Pararius). For tenants this means two parallel realities. If your home passes the points check, the law gives you real protection. If you end up on the free side, expect a tighter and pricier market for the rest of 2026.