Uitspraak HC in strijd met eigen handboek en wet betaalbare huur
Hallo!
Deze zaak gaat over huurrecht en een zaak bij de Huurcommissie, nav welke ik nu overweeg om in verzet te gaan naar de rechter.
I started a case to lower rent based on points from Oct 2025. In Feb 2026 the verdict came in and my rent was lowered from 1217 to 489 (81 points). As no energy label was registered, the 'pre 1976' build year was used for points.
Landlord appealed and there was a hearing on 1 April. Appealed on several points but the energy label is the one I want to ask about here:
\- they registered label B on 28 Oct (so after the 'peildatum' of 1 Oct)
\- they didn't send anyone to the house, but they sent people to our upstairs neighbors (slightly larger space) to register energy labels
\- the label B was based on 41.5 sqm whereas the huurcommissie said in their verdict the space is 37 sqm
\- they sent a guy for 'CV maintenance' who conveniently brought a sticker with B on it :D
Against our expectations the huurcommissie allowed this label B to be included in the point count.
On 11 Aug 2026 the verdict of the appeal came in at 126 points increasing the rent to 826 euro.
About the appeal and verdict:
\- Hoge Raad said in 2023 that labels can be taken into account even if registered after peildatum
\- we had argued that Wet Betaalbare Huur from 2024 says that they cannot, and that the label can't be correct as no one came to inspect for it and it's based on an incorrect amount of sqm
Final verdict says: the huurcommissie deviates from their own rules and, as the points from label have significant impact on the rent for as long as the tenant stays there, the energy label is included. They even say they're not sure the Hoge Raad ruling still applies.
Questions I have:
\- to me this seems worth appealing. What do you think? This would be appeal within 8 weeks at a judge, no longer at the huurcommissie.
\- for those who have appealed, how long does this process take and what did it cost you?
\- wet betaalbare huur has a 1 year grace period after July 2024 for landlords to get a points count and energy label registered. What's the point of this if the label will still be included after this grace period?
Apologies for the long post. I did my best to include relevant details and keep it concise. Thank you in advance!