This Protocol for the allocation of rental properties to prospective tenants is used within the framework of the Law on Good Landlordship and aims to provide transparency for all parties involved in how the allocation of a rental property is determined. This Protocol is aimed at preventing (housing)discrimination.
Definitions:
- Landlord: The person or entity entitled to rent out the property
- Prospective tenant: An individual/entity who expresses interest in a rental property offered by the landlord.
Purpose of mediation:
The landlord aims to rent out the respective rental property to the most suitable prospective tenant. This refers to a prospective tenant who is deemed as likely as possible to fulfil all obligations arising from a lease agreement correctly and promptly, and at the most appropriate timeframe. The differentiation between prospective tenants is based on objective justification. The differentiation between prospective tenants must serve a legitimate purpose, and the landlord will act appropriately and proportionately in this regard.
Obtainable basic information from the prospective tenant:
- Name (first and last name)
- Current address and place of residence
- Phone number
- E-mail address
- Copy of ID document (Social Security number and the passport photo can be obscured)
- Composition of household: living alone, living together, with or without children
- Total monthly net income
- Income declaration from the tax authority
- Employment contract(s) and/or employer statement(s)
- Income proofs (pay slip and recent bank statements reflecting net income)
- Amount of current rent
- A landlord statement
- The information necessary to determine whether the prospective tenant(s) qualify for a housing permit (if obtaining one is required in the municipality where the property is located).
No information is required regarding:
Ethnic or cultural background Religious identity Political preference Sexual orientation Gender identity and/or expression Physical or mental health
Criteria considered in the allocation process:
1. Responsiveness
As a basic principle, the first come, first serve rule applies. The initiative to respond to a offered property lies with the prospective tenants. In the case of numerous responses, it is possible that certain prospective tenants may not be invited for a viewing and may be rejected.
2. Source of income/type of employment contract
An indefinite employment contract with a well-established and reputable employer is preferred. This provides the landlord with the highest level of financial security. Temporary employment contracts, recent self-employment, and other sources of income such as alimony, an internship allowance, a guarantee by third parties, an inheritance, rental income, etc., can also lead to the allocation of a rental property, but this requires individual assessment.
3. Income level
After meeting any minimum income requirements, the highest (combined) income is preferred. This provides the landlord with the highest level of financial security in terms of fulfilling the financial obligations under the lease agreement.
4. Solid and verifiable positive rental history
A prospective tenant with a positive and verifiable landlord statement is preferred. Prospective tenants without a demonstrable rental history require individual assessment, as it may require additional information or investigation.
5. A positive screening of ID document and solvency
A prospective tenant can only be allocated a property on the condition that their identity can be verified and their financial capacity is satisfactory. To assess this, the rental agent conducts a thorough screening. A part of this screening can be; a manual check on authenticity features of the ID, conducted by the rental agent. This check can, for example, be performed with the DutchID-App provided by the Dutch government. The outcome of this screening may result in rejection (even after an initial allocation).
6. Household composition
It is important that each property has a suitable household composition. This is to prevent nuisance and damage, as well as to avoid overcrowding. Therefore, the allocation will take into account the household composition per property. Depending on the type of property, certain compositions may be preferred. This is assessed on a case-by-case basis.
7. Suitability for (the area of) the offered property
In some cases, the location or specific characteristics of the rental property may make certain prospective tenants more suitable than others.
8. Selection by the client
For each offered property, the landlord ultimately makes the decision between the prospective tenants.
Finally:
The landlord refrains from any form of (assistance in) discrimination regarding the allocation of rental properties to prospective tenants. Due to privacy regulations, the landlord is not authorized to disclose basic information of prospective tenants to third parties.
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This Protocol is based on new legislation and was established by Pararius B.V. on December 15, 2023. The legislator has provided little guidance in its development, making this Protocol pioneering work.