Temporary lease ban: what exceptions are there?

The proposed ban on temporary leases: What exceptions are being considered?

The bill presented last year, the Fixed Leases Act, centers on an intended ban on temporary leases. There is currently a General Measure of Administration (AMvB) on the table, proposed by outgoing minister Hugo de Jonge, which has been submitted to both the House of Representatives and the Senate for review. The purpose of this AMvB is to establish exceptions for specific target groups, such as students and urgent housing seekers. This is of great importance given the situations where a temporary rental contract offers the most appropriate solution.

Although permanent rental contracts will again become the standard with the introduction of this new law, outgoing Minister De Jonge, at the request of the House of Representatives, has seriously considered making exceptions for certain target groups where temporary rental contracts are still vital. This will continue to allow two-year or shorter-term contracts in certain situations.

The proposed exceptions focus on different target groups. These include students, tenants who must temporarily reside elsewhere due to urgent work or renovations, urgent housing seekers, tenants who enter into a second chance contract (for example, after previous serious nuisance), orphans and surviving relatives, divorced parents, tenants working on the Wadden Islands, and permit holders coming directly from a shelter.

 Both the Fixed Lease Law and its AMvB are expected to take effect on July 1, 2024. For more detailed information on these developments, we invite you to contact us.