More information on the law fixed leases

We previously informed you about the bill to abolish temporary leases and reported further on this when, following the Lower House, the Senate also voted in favour of the private member’s bill.

The Fixed Leases Act ensures that temporary leases are abolished and thus aims to create more security for tenants. This possibility had existed since the Lease Market Transition Act came into force in mid-2016. Those temporary leases then ended after the agreed period, without the tenant being entitled to rent protection. Parliament wants permanent leases to become the norm again.

Exceptions and effective date

We also wrote in our earlier posts that there are exceptions for specific target groups. These include students and urgent housing seekers. The exceptions are listed in a so-called Algemene Maatregel van Bestuur (AMvB), which was sent to both chambers in early February.

A notice has been posted on the central government website listing the groups to whom the exception will apply:

1. Students
2. Tenants temporarily living elsewhere due to urgent works or renovation of their homes
3. Urgent house seekers
4. Tenants with whom the landlord enters into a second-chance contract: tenants whose previous lease was terminated, for example because they caused serious nuisance
5. Orphans and surviving relatives
6. Divorced parents
7. Tenants who work on the Wadden Islands
8. Permit holders (status holders) coming directly from a COA reception location and awaiting permanent housing

The Fixed Tenancies Act and its AMvB are expected to enter into force on 1 July 2024.

Advice

Do you have questions about the above developments or do you have other legal questions about tenancy law? Then contact one of our lawyers by mail, telephone or fill in the contact form for a free initial consultation. We will be happy to think along with you.