Improving the tenancy law position of labour migrants: a number of proposed legislative amendments

These measures are intended to improve the position of labour migrants, expats and students on the housing market. The proposed measures are:

• Standardising short-stay (Article 7:232(2) DCC) to 30 days;
• Allowing municipalities to take action against improper use of short-stay;
• Including labour migrants in the Decree on specific groups for temporary tenancy agreements;
• Introducing the possibility to extend a temporary tenancy agreement once;
• Ending the employment contract as a new ground for termination of tenancies for dwellings located on the employer’s own premises.

Under Article 7:232(2) of the Dutch Civil Code, the statutory rules on residential tenancies do not apply to the rental of living accommodation which, by its nature, is of only short duration. At present, this so-called short-stay exception is widely used in tenancy agreements for labour migrants. If such an agreement were to be submitted to a court or the Rent Tribunal, it would often be held that there is in fact no such short-stay tenancy. The problem, however, is that labour migrants, and other tenants as well, are generally reluctant to take that step. As a result, the short-stay practice continues to exist without any security of tenure.

For that reason, the Minister proposes to standardise the concept of “short duration” by linking it to a maximum period of 30 days.

To ensure that the proposed standardisation is actually complied with, the Minister has also proposed an amendment to the Good Landlordism Act (Wet goed verhuurderschap). This act will grant municipalities the power to take administrative enforcement measures against improper use of tenancy agreements.

The Minister further proposes to add labour migrants to the list of groups in the Decree on Specific Groups (Besluit specifieke groepen; Article 7:271 DCC). This would create room to conclude temporary tenancy agreements with labour migrants. The Minister does, however, wish to attach the condition that the rented accommodation must meet the so-called Roemer standard. This means that there must be a private bedroom of at least 5.5 m², at least 15 m² of living space per person, and that all facilities must be located under one roof. Only if these requirements are met may a temporary tenancy agreement be offered. In this way, the Minister also aims to safeguard the quality of housing for labour migrants.

At present, if a temporary tenancy agreement is extended, it automatically converts into an open-ended tenancy. In light of the capping of the maximum duration in the case of short-stay agreements, the Minister considers it reasonable to provide more flexibility in temporary tenancy agreements. The proposal is to allow temporary tenancy agreements to be extended once, with each agreement running for a maximum of two years. The proposal applies to all groups falling within the scope of the Decree on Specific Groups.

Finally, the Minister proposes an amendment that applies to all categories of employees, not only labour migrants. The change will apply to open-ended tenancy agreements between employers and employees for dwellings located on the employer’s own premises. A new statutory ground for termination will be introduced, allowing the employer to terminate the tenancy if the employment relationship has ended and the dwelling is needed for a subsequent employee.

The Minister intends to submit the above proposals for internet consultation in early 2026, so that all stakeholders can respond. An important question will be whether the proposals lead to workable solutions for both tenants and landlords affected by the measures.

The Real Estate & Government Team is closely monitoring these developments. If you have any questions about (expiring) tenancy agreements, we are happy to assist you.

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