Sub-letting your room via, for instance, Airbnb is in breach of the Tenancy Rules of the SSH. You risk eviction, an SSH penalty and a municipal fine from € 5,000.00 to € 18,000.00 if you sublet your room or apartment illegally.
What does the SSH do?
The SSH deals firmly with tenancy fraud. In case of tenants in respect of whom we detected that they sublet or have sublet illegally we rescind the tenancy agreement and we take legal measures to claim the enjoyed profits. In case of tenants in Utrecht and Rotterdam we report the tenancy fraud to the municipality. The SSH includes the tenancy fraud in the landlord declaration. If we find illegal sub-tenants in a house then we shall summon them to leave immediately.
What are the rules?
Tenancy Rules SSH
The Tenancy Rules of the SSH include the following provisions:
Article 6.2 Unless the SSH gives prior written consent, you cannot use the let property for business or commercial activities. The SSH rescinds the tenancy agreement if you act in breach of this provision.
Article 6.6 Without prior written consent of the SSH you cannot sublet the let property or surrender the use to somebody else.
The SSH can impose conditions on the consent. A request for consent must be submitted online, stating the name and contact details of the sub-tenant, the rent for the sub-tenancy and the term of the sub-tenancy agreement.
You cannot charge more rent to the sub-tenants than the amount you pay to the SSH. According to the statutory guidelines you can, however, charge costs for the use of the household effects.
In case of a sub-tenancy, you are responsible for the conduct of the sub-tenant.
Article 6.7 If you fully or partly sublet the let property without consent of the SSH, if you surrendered the let property or if you granted the use to somebody else then you are liable to pay a penalty of € 50.00 per day for each day that the sub-tenancy continues, up to a maximum of € 20,000.00. In addition, the SSH can claim rescission of the agreement, compliance, compensation and/or surrender of profits.
The Housing Regulations of the municipality of Utrecht and the municipality of Rotterdam also include rules to avoid illegal sub-letting. In pursuance of the said rules, the municipality can impose a fine for non-business sub-letting of € 5,000.00 for a first breach and € 18,000.00 for subsequent breaches.
Questions and notifications
If you want to report illegal sub-letting then contact the SSH and our tenancy fraud employee on number 088-730 42 00.
Sub-letting with consent
In some instances you can sublet your room. Here you can read more about sub-letting with consent of the SSH. Are you an international student and did you book temporary furnished accommodation via your educational institution? In that case it is never possible to sublet your accommodation.