Temporary rental under ‘leegstandwet’ (vacancy law)

A home can be temporarily vacant for various reasons. For example, when the owner has moved and the property is for sale and therefore empty. It can also happen that the house is waiting for demolition or renovation. In these cases, it is possible to rent out temporarily with a ‘leegstandwet vergunning’ (vacancy law permit).

The different types of houses / buildings that can be rented out temporarily with a leegstandwet (vacancy law) permit are:

• Living space in a building with specific construction or layout
• Living space in an owneroccupied home for sale
• Living space in a rental home for sale
• Living space in a rental home that is being demolished or renovated

Different rules apply for each of the situations listed above. We often get the question from our customers whether they can temporarily rent out their home that is for sale. That is why below we further explain the situation of the living space in an owner-occupied home for sale.

Living space in an owner-occupied home for sale

This form is most common for a private owner. That is why we explain this form. For example, it may happen that a homeowner himself has moved and has not yet sold his previous home. A few years ago, when the economy was in less favourable shape than it is today, this form of rental was used regularly. Now that homes are being sold faster, this is exceptional. There nevertheless may be good reasons to rent out a home that is for sale.

The property must meet one of the following conditions:

• It concerns new construction;
• The property has been rented out for a maximum of 3 years in the last 10 years;
• In the year before the home became vacant, the home was occupied by the owner;

Conditions for rental:

1. The landlord has a permit from the municipality for temporary rental based on the leegstandwet (vacancy law);
2. A written lease agreement;

Details in the rental agreement concern:

• The lease must state that it concerns a lease under the leegstandwet (vacancy law) and for which period the permit has been granted;
• The maximum rental price stated in the permit must be included in the rental agreement (if the permit was issued before 1 July 2013).
• The contract duration is at least 6 calendar months
• The municipality grants the permit for a maximum of 5 years;
• The lease ends automatically when the permit ends;
• The rent can be terminated prematurely with a notice period of 1 calendar month for the tenant and 3 calendar months for the lessor.

If, after the expiry of the leegstandwet vergunning (vacancy law permit), the landlord wishes to rent out for the second time under a leegstandwet vergunning (vacancy law permit), there must be 5 years between two permits.

A private owner receives a permit for a maximum of 2 owner-occupied properties that are for sale at the same time.

How do you apply for a ‘leegstandwet vergunning’ (vacancy law permit)?

If the house becomes vacant and meets the above-mentioned requirements, then in many cases you can rent it out with a leegstandwet vergunning (vacancy law permit). You can apply for this permit in the municipality where the property is located. It may be that the mortgage lender also sets requirements.

You can apply by using the “Request a permit” form for temporary rental of vacant living space. If the permit needs to be renewed, this can be requested using the “Request renewal permit” form.

These matters are assessed by the municipality:

• Vacancy of the living space
• The possibility of the owner renting or selling in a way other than the leegstandwet (vacancy law) is being considered.
• The house must be sufficiently inhabited during the rental period.
• If the house is being demolished or renovated, the owner has a duty to demonstrate that the renovation will be drastic and that it will take place within a reasonable period of time.
• A private owner may have a maximum of 2 permits at the same time for renting an owneroccupied home that is for sale.

Municipalities are not permitted to set their own additional requirements that are not included in leegstandwet (vacancy law).

Mortgage lender’s permission for temporary letting

To temporarily rent out your owner-occupied home, you need permission from the mortgage provider. They can set requirements.

Temporary rental and mortgage interest deduction

When you rent out your owner-occupied home, it no longer falls under box 1 (income from work and owner-occupied home) but in box 3 (income from savings and investments). From that time, you can no longer claim a mortgage interest deduction.

Interested in renting out your house?

If you’re looking for a care-free solution for renting out your house, you can always contact us to discuss the possibilities.

Sources

We write articles to inform both our tenants and landlords as fully as possible. With this article, Stoit Groep hopes to provide clarification about rental with a leegstandwet vergunning. The data in this article is based on information from the central government. The information was taken from the central government on 16 September 2019.

Sources for more information:

• www.rijksoverheid.nl
• https://wetten.overheid.nl/BWBR0003403/201806-13
• https://www.rijksoverheid.nl/documenten/formulieren/2013/07/04/aanvraag-vergunning-tot-tijdelijke-verhuur-van-leegstaande-woonruimte