Knowing what is right

Abstract

Purpose: This thesis is the result of a problem regarding the fairness of rent- and contract conditions in the entire Dutch rental housing segment. The Dutch housing market is under a lot of pressure due to scarcity, high demand in housing and rising prices and this has led to problems. One of these problems relates to the rental segment. Due to the current tensions in the rental segment the existence of so called ‘strange conditions’ within contracts lead to attention of lease conditions. These conditions have led to the topic of this thesis as to what are considered to be fair rent- and contract conditions and how to improve them. This is done for both landlords and tenants and aims to have an analysis from multiple angles.

Main research question: How can fairness be improved for rent- and contract agreements for landlords and tenants in the Dutch rental housing market?

Methodology: For this research a qualitative method is used. This is done through a combination of literature- and document studies in combination with semi-structured interviews. First explorative research is done to create a better understanding of the problem from multiple points of view through literature and document research. This has been translated into a hypothesis on what possible implications can be. The semi-structured interviews complement this hypothesis aiming to collect data from practice to test the feasibility of the hypothesis as well as welcoming and contributing new ideas.

Conclusions: The definition of fairness in this thesis is considered to be within the range of the legal framework. This framework is derived from the legal documents that state the conditions within which must be remained to remain fair. The legal framework is presented through a categorisation of rent- and contract conditions that discuss each category separately and is supported by legal definitions and substantiations of what is and is not permitted by law. Contract- and conflict analysis point out that the fairness in the Dutch rental housing market is not in complete coherence with the legal framework. This is the case for the perspective of both tenants and landlords. In order to improve fairness different initiatives are already presented and those are taken into consideration in this research. The analysis of the problem, contracts, conflicts, initiatives and other documents in combination with interviews have led to the formulation of three instruments. The instruments that are considered are creating a New standard lease, using tools leading to a proactive government and introducing a landlord and lease register. These instruments have a specific objective to tackle a problem and are derived from the analysis throughout this thesis. Moreover, the instruments do point out that further actions are needed and suggest what those are. In addition, using the instruments separately impacts specific topics and is more vulnerable in their feasibility and impact. However, combining the different instruments and making their implications and tools work together strengthens the implications and impacts and mitigates their risks aiming at a more holistic approach to improve fairness of rent- and contract conditions.