Consequences of a rent price that deviates under the WWS

How the assessment works

A tenant can ask the Rent Tribunal to assess the rent and, in doing so, also have the energy label or energy index checked, if there is 'reasonable doubt' that the registered label is incorrect. Reasonable doubt requires sufficient evidence, for example errors in the characteristics used to determine the label.

If the assessment shows that the label or index is incorrect and the rent is therefore too high, the Rent Tribunal reduces the rent to the amount corresponding to the quality of the home and the correct energy label.

Risks for landlords with an incorrect label

Renting out based on an incorrect or outdated energy label can therefore lead to a rent reduction imposed by the Rent Tribunal, retroactive to the relevant reference date. This directly affects cash flow and can also have consequences for the valuation of the home in any appraisal.

In addition, under the Affordable Rent Act, municipalities have additional enforcement options for rents that do not match the WWS points; the exact scope and implementation practice of these municipal powers is subject to change, so check this with the municipality or a legal advisor before drawing conclusions from it.

• A tenant can have the energy label assessed in case of 'reasonable doubt' about its correctness.
• In case of an incorrect label, the Rent Tribunal can reduce the rent to the level corresponding to the correct label.
• Municipal enforcement powers regarding WWS compliance may change; consult current sources.