Agency Fee

The Most Important—and Abused—Rule in Dutch Rentals\n\n### Defining 'Bemiddelingskosten'\nAn agency fee, known in Dutch as bemiddelingskosten or courtage, is a payment to a real estate agent (makelaar) or rental agent (verhuurbemiddelaar) for their service in successfully matching a tenant with a property. This fee is traditionally equivalent to one month's rent, plus 21% VAT. For decades, it was standard practice for tenants to pay this fee, regardless of who the agent was 'really' working for. However, landmark court rulings and legislation have completely changed the legal landscape, though the practice on the ground has been slow to catch up.\n

The 'No Double-Dipping' Law\nThe absolute key piece of legislation that every tenant must understand is Article 7:417 (4) of the Dutch Civil Code. This law essentially forbids an agent from serving two masters ('twee heren dienen'). It states that if a rental agent is working under contract for a landlord to find a tenant for their property, they cannot then charge that same tenant a fee for the service. In practice, if an agent advertises a property publicly (e.g., on Funda, Pararius, or their own website), they are considered to be acting on behalf of the landlord. Therefore, any 'agency fee', 'broker fee', 'contract cost', or similarly named charge levied on the tenant for that service is illegal. The agent is being paid by the landlord, and charging the tenant as well is prohibited 'double-dipping'.\n

The Landlord's Playbook and How to Fight Back\nDespite the law being very clear, many agencies still attempt to charge tenants these fees, using various deceptive tactics. They might call it an 'admin fee' or claim they are working on your behalf, even though you just responded to their public advertisement. The reality is that the only scenario where a tenant can legally be charged a brokerage fee is if they explicitly and exclusively hire an agent, via a written contract (opdracht tot dienstverlening), to go out and find a property for them that is not in the agent's own portfolio. If you find a property on a public website, the agent is working for the landlord, and you owe them nothing. If you have been illegally charged this fee, you can claim it back for up to five years after payment. Many tenants have successfully sued to recover these costs, often through organizations like the Woonbond or by engaging a lawyer. The practice is widespread, illegal, and profitable for agencies who count on tenants—especially expats—not knowing their rights.