The Rent Tribunal and energy labels: risks without registration

Which reference date counts

According to the Rent Tribunal's explanation of December 2025, it assesses, in line with the Rent (Implementation) Act, whether a valid energy performance is known on the reference date of the procedure, with the assessment date of the energy label as registered in EP-online used in practice.

This reference date differs per procedure: when assessing the initial rent, it is the start date of the tenancy agreement; when assessing after a rent reduction proposal, it is the start date of the proposed rent reduction.

New policy: later-registered labels can also count

In July 2026, the Rent Tribunal adjusted its policy on a specific point: in a procedure concerning rent reduction following a rent reduction proposal, an energy label registered after the reference date can still count towards the point calculation, provided the label is on EP-online before the Rent Tribunal's ruling.

An energy performance that is no longer valid on the reference date, for example because the label has expired, or that is based on a simplified assessment without a physical visit, does not count in the housing valuation. This can significantly depress the maximum rent, regardless of the home's actual condition.

• No valid, registered label on the reference date: this does not count in the WWS point calculation.
• Simplified labels without a physical assessment do not count as a valid energy performance.
• Since July 2026, in rent reduction procedures, a later-registered label can also still count, under conditions.