Rental agency demands viewing/admin fees — is this legal?
Agency fees are often illegal: (1) Good Landlordship Act (since July 2023): rental agency CANNOT charge tenant fees unless agency also works for tenant (rare). (2) Registration fees, viewing fees, “admin costs”, “contract costs”: all forbidden. Only landlord pays the agency. (3) Recover: send demand letter to agency within 6 months of payment. (4) !WOON Amsterdam 020-523 0130 has dedicated track for this: they claim on your behalf. Success rate >80% since 2024 — €15 million recovered for Amsterdam residents. (5) No response from agency: ACM ConsuWijzer report or county court. With big agencies (Direct Wonen, Pararius, etc.): often refunded without litigation.
Step by step
- 1Gather payment evidenceBank statement, payment confirmation, any invoice. Exact agency name. Payment date, invoice description. Fee type (registration, contract costs, etc.).
- 2Send demand to agencyRegistered: “Per Good Landlordship Act (since July 2023) I claim €[amount] back within 14 days. Otherwise I will engage !WOON or county court.” Template at wooninfo.nl.
- 3Call !WOON for guidance020-523 0130. They have standard procedure for agency-fee claims. No cost. Often: claim resolved within 2-6 weeks.
- 4ACM ConsuWijzer reportFor big agencies systematically charging illegal fees: report at consuwijzer.nl. ACM can fine + enforce for future customers.
- 5No response: county courtSmall claim (<€500): court fee €87, >90% win rate on default. Judgment 4-8 weeks. Bailiff collects amount + costs. Substantiation easy with statute text.
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Frequently asked questions
Which fees are never allowed?
Registration fees, viewing fees, contract costs, admin costs, “reservation fees”, “key fees” (above actual key cost). Allowed: only deposit max 2 mo base rent.
What if I paid the fee a year ago?
Limitation period: 5 years from payment date. So yes, 1-2 year old fees still claimable. Payment proof needed (bank statement).
Can agency charge a fee to the landlord?
Yes, that's their normal tariff (often 1 month rent + VAT). Issue is double-billing: to landlord AND tenant. Often tenants pay unknowingly that it's illegal.
Difference between agency fee and direct landlord?
Rental agency = independent broker (room search). Landlord directly charging fee = even more illegal (same act). Direct landlord = offers room directly — can't charge fee.
What if the agency unexpectedly goes bankrupt?
Agency bankruptcy: claim becomes part of bankruptcy estate. Practical: low recovery chance. Tip: file claim with administrator within 14 days of bankruptcy publication.
Do rules also apply to “neighborhood agents”?
Yes, applies to all mediation services regardless of name. Private person mediating for commission = also bound by Good Landlordship Act. On doubt whether it's mediation: !WOON assesses.
Sources
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