Rental on basis of vacancy law

Rental based on vacancy law

Mitchel Mense
-11 juli 2023
2 min

Rental based on vacancy law

The purchase market looks very different from last year. Interest rates have risen and for many buyers it is more difficult to take out a high mortgage. Homes in the high segment (approx. €600,000 and higher) are therefore being sold less quickly.
Applications for rentals under the vacancy law are increasing again. Sellers with an owner-occupied home that will not be sold within a number of months are opting for rental, temporary or otherwise. This can be done on the basis via the vacancy law.
An advantage of renting under the vacancy law is that you, as landlord, can offer a temporary contract. As a seller, you become a landlord and reduce unnecessary vacancy and it is possible to temporarily collect income or get out of costs.

If you are considering renting under the vacancy law, the following conditions apply;
- You must obtain permission from the mortgage lender
- You must apply for a permit from the municipality (Application for Permit Temporary Rental of Vacant Space). It may take 4 to 6 weeks for you to obtain a permit.
- You must inform the insurer about the letting of your property

The municipality only grants permits when the property is vacant and when it is demonstrably impossible to sell the property.

Finally, it is important to know that the municipality is watching what rent is collected. The rent must be determined according to the point total of the housing evaluation system. There is an exception for temporary rentals of housing intended for sale: these may be rented at any rent. The municipality then does not specify a maximum rent in the permit.