When looking for your first place to live, as a student you are usually dependent on the room market, but apart from student houses and studios, there are several other options, such as living with a live-in landlord, anti-squatting or living in a converted building. Depending on the type of accommodation you choose, you will be dealing with a different type of living arrangement and contract type. There are housing associations, some of which are specifically for students, private landlords and, for example, a landlady with whom you live in the same house. When renting one of these properties, you will of course need a tenancy agreement. Below is an overview of the main differences between the various types of accommodation and contract types.
Perpetual tenancy agreement
This is a tenancy agreement with no end date. A tenant with a perpetual tenancy agreement enjoys rent protection and cannot simply be evicted from their home. This is the most common type of contract.
Campus contract
Student housing associations often use campus contracts. They can only do this if they have stated in their vision statement, etc. that they only make rooms available to students. If you have signed a campus contract, this means that your tenancy agreement is linked to your enrolment at an educational institution. This means that when your enrolment at an educational institution ends, you will have to leave your room. To check whether you are enrolled at an educational institution, your landlord may ask for proof of enrolment every few months. You will then have three months to provide this proof. Housing associations often allow you to continue living in your room with a campus contract for one year longer than your student period.
The campus contract is a special temporary tenancy agreement that allows you to live in student accommodation only as a student. When you graduate, you must move out of your accommodation and another student can take your place. If no other student moves into your room after you, you can argue that there is no campus contract and your landlord cannot terminate the lease on the basis that you cannot provide proof of enrolment at an educational institution.
Fixed-term tenancy agreement
A fixed-term contract is a contract for a maximum of 5 years for non-self-contained accommodation. After this period, you must leave the accommodation if you do not obtain a new contract. The contract can be terminated early by the tenant. After the end of the contract, it may be converted into a permanent contract. You are not allowed to get another fixed-term contract after five years. If the landlord does not give you notice within the notice period that you have to leave, the contract automatically becomes a permanent contract.
Subletting and subleasing
It is common for students to travel or study abroad for a period of time. In such cases, it can be advantageous to sublet your room. However, there are a number of important things to consider. These can be divided into important matters to consider when subletting or subleasing.
Subletting
When you are looking for a room, you will often come across temporary rooms. This can be a good stepping stone to continue your search for a permanent room. When you sublet, you also have rent protection; your tenancy cannot be terminated without reason. It is important that you sign a contract for this. It is important to make clear agreements about which items you are allowed to use from the sublessor, what the house rules are and how you will arrange financial matters (this should also be laid down in the contract). It is also strongly recommended that you draw up an inventory and list of fixtures and fittings. This way, you can only be held responsible for damage or defects caused during your stay.
Subletting
If you want to let someone stay in your room temporarily while you are abroad, for example, there are a number of important things to consider. This is only allowed if your landlord agrees. This does excluded in your tenancy agreement). It is strongly recommended that you draw up a contract with the subtenant. It is very important to realise that you are primarily responsible for the room and for paying the rent to the main landlord. If the subtenant does not pay the rent, you are responsible for it. You could partially mitigate this risk by continuing to pay the rent to your landlord yourself and having the subtenant pay you.
Airbnb
If you want to rent out your room via Airbnb during your holiday, for example, check whether this is permitted by your landlord. Many landlords do not allow this form of rental. In some cases, housing associations even impose fines if you rent out your room via Airbnb. So be careful! Check whether subletting via Airbnb is permitted in your tenancy agreement and, if not, check with your landlord.
Documentation
As both a sublessor and a subtenant, it is important to arrange the following matters properly:
A tenancy agreement
- An inventory
- An inventory list
When subletting, a separate contract is drawn up; the contract between the sublessor and the main landlord remains unchanged. An example of a temporary contract that you can use can be found here.
An inventory list describes the condition of the property or room, for example cracks in the walls or holes in the ceiling. A tip: take photos of any existing defects. Write these issues down clearly so that there can be no ambiguity afterwards about whether anything has changed during the subletting period. You can use these documents to record the inventory list on paper:
In the inventory list, you document all the items you leave behind in your room, such as furniture, lamps or household appliances. You can use this list at the end of the temporary rental to check whether everything is still there. If necessary, you could agree to pay a deposit for this, which you will get back in full if everything is still in the same condition at the end of the sublease. You can find a template for an inventory list here.
Short stay contracts
In certain municipalities, it is possible, under strict conditions, to rent out a property for periods of between one week and six months. This usually involves renting out accommodation for short stays to (often foreign) employees and students. In general, short stay properties are not used for long-term occupancy. A municipal short stay policy makes it possible to remove properties from the housing stock for this purpose. Owners need a licence to be allowed to rent out short stay properties. Short stays are based on the provision “by its nature of short duration” (Article 232, paragraph 2, Civil Code, Book 7), a provision that is explicitly intended as an exception to tenancy law. Renting and letting for periods shorter than one week is only permitted in hotels. Above six months, it is considered “normal” living.
Short stays are only possible if there is no actual residence. This therefore concerns, for example, holiday accommodation or a two-month summer school. Many landlords and housing associations offer short-stay contracts unjustifiably. If you actually work somewhere and therefore live there for a short period of time, such as six months to a year, you should be given a fixed-term contract. This also gives you more rights. Many landlords and housing associations still offer short-stay contracts.
Please note: Short-stay contracts cannot be terminated prematurely. We therefore always recommend looking for a fixed-term contract.
Student house
Living in a student house is actually renting a room. So if you live in a student house, there is a good chance that you are not living independently. The owner (private individual or housing association) often owns several properties that they rent out in this way, but it also happens that the parents of a student buy a property in the city where their son or daughter is studying. In practice, the current residents often decide who is eligible for a vacant room. Interested parties must then attend an interview. What an interview evening looks like depends on the house. It also happens that the owner selects who will live there, or you can indicate without an interview evening that someone you know is interested in the room.
(Student) housing associations
In many cities, you can register with a housing association for students. They work with a waiting list, so it can be advantageous to register as early as possible. The prices for the rooms are almost always below the maximum rent allowed and the properties are often well maintained.Registering with housing associations
Anti-squatting
Anti-squatting is popular among students because you can get a lot of space for little money. These properties are often on the list to be demolished or have been vacant for a long time. Be aware of your vulnerable position if you live in anti-squatting accommodation. You may be evicted from your home within a relatively short period of time. The notice period is included in the contract and is often very short (one month, two weeks, or even just 24 hours).
To compensate for the short notice period, the fee you pay for the property is often much lower than for rented properties. According to the law, a landlord may only charge the landlord for utility and service costs and may not charge rent or administration costs. This also has consequences for the type of contract. You will not receive a rental contract, but a loan agreement. In other words, you are borrowing the space from the landlord. As a result, you cannot claim rent protection or invoke tenancy law.
To be eligible for anti-squatting accommodation, you must:
- Be at least 18 years of age
- Have Dutch nationality or a valid residence permit
- Have a certain minimum income
- Have contents insurance and/or liability insurance
- Purchase a fire safety package (fire extinguisher, smoke detector)
Contract under the Vacancy Law
Properties that are rented out under the Vacancy Law are (vacant) properties that will be demolished, renovated or sold in the future. The following types of accommodation can be rented out under the Vacancy Law:
- Properties for sale by a private owner (an owner may rent out a maximum of two owner-occupied properties at the same time)
- Rental properties for sale
- Rental properties (e.g. from a housing association) that will eventually be demolished or extensively renovated
- Living space in a building (e.g. office or school) that is awaiting a different use, sale or renovation.
In this case, a landlord can apply for a Vacancy Law permit from the local authority. This permit is issued for a maximum of five to ten years, depending on the type of property.
Under the Vacancy Law, a landlord must be able to offer the tenant at least six months’ rent. The landlord is required to give a minimum notice period of three months, but you do not enjoy any other rent protection. The points system (WWS) and the maximum rent increase do not apply to privately owned properties for sale. However, the points system does apply to properties that are being demolished or renovated.
Hospita room
Another form of renting is hospita rent. This means you live with the landlord. If you rent from a hospita, you will have a nine-month trial period. During this time, you can be evicted from the house without reason. There is a three-month notice period. During those nine months, the tenant is not covered by rent protection. After those nine months, the tenant is covered by rent protection.
For hospita rooms, it is best to contact a non-commercial room agency. Of course, you can also use the room websites on the internet.
Transformation
Transformation has become a popular method of building student housing in recent years. This involves converting office buildings into student housing of various types and sizes in different cities.
Transformation organisations with which LSVb is in contact:
Social housing projects
Want to contribute to society and live affordably at the same time? Many social housing projects combine these two goals. For example, there are projects where students organise activities in the neighbourhood in exchange for a discount on their rent. Other organisations allow you to live with elderly people or young people with problems, or help with odd jobs in exchange for a discount on your rent.
Student hotels
Some cities have hotels where students can live. Please note that renting from these organisations is extremely expensive. If you rent here, you will not have a tenancy agreement, because they are officially called hotels. This means that you are not entitled to tenancy rights at student hotels, because they are not officially classified as rental properties. Because you do not have a tenancy agreement, you will not receive any tenancy rights. As a result, you cannot terminate your tenancy early, your privacy is not always guaranteed and the student hotel is not obliged to comply with the points system. We therefore strongly advise against renting a room at a student hotel.