Subdistrict court: challenged rent modification clause not unfair

I recently informed you that the Supreme Court’s advisor concluded that the challenged rent alteration clauses are not unfair if the storage clause does not exceed 3%.

Although we are still awaiting the Supreme Court’s final opinion, it appears that the first subdistrict courts are already following the line taken by Deputy Attorney General Wissink. The North Holland District Court ruled on July 31, 2024, in a case brought by landlord Achmea. The subdistrict court in question ruled, in summary, that the subdistrict court in every proceeding on every part of the claim must assess whether agreements have been made about it in general terms and conditions and whether or not those agreements are fair to the consumer (ex officio review). If the Subdistrict Court finds that a contractual agreement is not fair, the clause must be nullified and the claim on that part must be dismissed (even if the plaintiff in the proceedings invokes statutory provisions instead of that contractual agreement).

The Subdistrict Court considered that the rent modification clause included in the lease agreement between Achmea and the tenant qualifies as a core clause because it concerns deregulated rent (free sector). In the opinion of the Subdistrict Court, this clause is not comprehensible and not clearly formulated, so that it must be tested ex officio (article 6:231 sub a DCC).

In legal consideration 3.10, the Subdistrict Court considered that the rent modification clause must be divided into an inflation clause and a storage clause. Next, the court ruled that the inflation clause is not unfair because it refers to the rules of the CPI and that the second part is also not unfair because AG Wissink ruled in his opinion of July 19, 2024 that a surcharge of up to 3% should be considered not unfair.

Advice

Do you have questions about the above developments or do you have other legal questions about tenancy law? Our specialized lawyers will be happy to assist you. You can 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.