LEEGSTANDWET / VACANCY LAW
Do you qualify for a permit to rent via Leegstandwet / Vacancy law?
Temporary rental legislation for renting via Leegstandwet was eased in 2013 and it seems this trend will continue. If you qualify, the advantages of renting via Leegstandwet / vacancy law can be worth it:
- Rental agreements can be terminated by the landlord with 3 months notice do (note the minimum rental period is 6 months)
- The rental agreement expires at the end of the agreed period. Tenants will not be able to exercise the right to extend as they could via regular rental
- Rental price does not fall under the Housing Evaluation System. You can therefore determine a rental price without intervention from the Huurcommissie
Banks / mortgage lenders also tend to be relaxed about rentals via this method due to the guarantee of a definite end date. This provides them with an advantage in the chance of forced sale.
A permit for Leegstandwet is valid for 5 years when your property is for sale and can be requested through us or directly at the municipality. Firstly we can already determine if you meet the conditions before applying:
- The property is currently unoccupied and no one is registered on the address
- For rental properties: the house must be demolished or completely renovated within 2 years
- To temporarily rent a sale property: the property must be on the market for sale and meet one of 3 additional conditions. Either the property has never been lived in, you must have lived in the property within the past 12 months or the property was rented for up to 36 months within the previous 10 years
- Private owners may not have more than 2 sale properties for temporary rent at the same time
Required documents for a sale property would be an appraisal report showing the apartment is free sector or a sale contract with a broker / makelaar. For rental properties, you must provide a certificate showing the property will be demolished or renovated within the next 2 years along with planning permission from the municipality in the form of a building or demolition permit.
The municipality charges to apply for Leegstandwet. The amount is €154,50 in 2016. This amount is required even when your request is rejected.
Free sector / liberalised properties do not actually need a permit if already for sale. However the permit is recommended so as termination of the rental agreement can be enforced via the permit.
You can find more info on the municipality website here (in Dutch):
Article related to Leegstandwet introduction (in Dutch):
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