Illegal Agency Fees for Tenants (Netherlands)

Last updated: 2026-08-11

Are agency fees charged to tenants legal in the Netherlands?

An agency cannot charge a fee to the tenant if it is also acting for the landlord on the same listing (BW art. 7:417 lid 4). Identify who the agent worked for, ask in writing for the legal basis, send a demand letter for a refund if improper, and escalate to Juridisch Loket if refused.

Key facts

Fact 1
As of 2026-08-11: An agency cannot charge the tenant a fee if it also acts for the landlord on the same listing (BW art. 7:417 lid 4). Reclaim via a written demand letter; escalate to Juridisch Loket if refused.

Source: BW art. 7:417 lid 4 — dual representation ban on charging the tenant when the agency also acts for the landlord. Verified 2026-08-11.

Fact 2
As of 2026-08-11: Ask, for every fee, who the service was for and what you receive.
Fact 3
As of 2026-08-11: Keep the invoice, contract, and messages as evidence.
Fact 4
As of 2026-08-11: Reclaim path: demand letter first, then Juridisch Loket if refused.

Source: BW art. 7:417 lid 4 — dual representation ban on charging the tenant when the agency also acts for the landlord. Verified 2026-08-11.

On top of rent and a deposit, many expats are surprised by extra charges: an agency or mediation commission, an "administration" fee, a contract fee, or a fee just to view a property. Some of these are a normal part of renting; others are barred, particularly a mediation commission billed to the tenant when the agent is also working for the landlord on the same listing. Before you transfer anything, ask in writing who engaged the agent, what service you personally receive, and whether the same office also represents the landlord. Keep invoices, listings, and chat threads — you will need them if you reclaim later. This guide explains which fees are commonly disputed, how to tell a normal cost from an improper one, and how to challenge or reclaim a fee you should not have paid, starting with a clear demand letter and escalating to Juridisch Loket if the agency refuses.

Which rental fees are commonly disputed

Expats are often asked to pay fees on top of rent and deposit: agency or mediation commission (bemiddelingskosten or courtage), "administration" fees, contract fees, and sometimes vague "viewing" fees. An agency cannot charge the tenant a fee if it is also acting for the landlord on the same listing. Identify exactly what you are being charged and why before you pay. Ask for a written breakdown that names the service, the party who engaged the agent, and the legal basis for billing you. If the answer is vague, or if the listing and the invoice both come from the same agency that also manages the landlord's side, treat the charge as high-risk and pause payment until you have clarity in writing.

Source: BW art. 7:417 lid 4 — dual representation ban on charging the tenant when the agency also acts for the landlord. Verified 2026-08-11.

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How to challenge a fee you should not have paid

An agency cannot charge a fee to the tenant if it is also acting for the landlord on the same listing (dual representation ban, BW art. 7:417 lid 4). If you paid such a fee, request a refund in writing with the invoice and messages attached. If the agency refuses, escalate to Juridisch Loket or another tenants' rights channel and keep a dated record of every step.

Source: BW art. 7:417 lid 4 — dual representation ban on charging the tenant when the agency also acts for the landlord. Verified 2026-08-11.

Fees that are normal versus fees that are not

Some costs are a normal part of renting, such as the deposit and the first month's rent. Others, like a mediation commission charged to the tenant when the agent works for the landlord, are barred by the dual-representation rule (BW art. 7:417 lid 4). The safest approach is to ask, for every line item, who the service was for and what you are getting. If an agency cannot clearly justify a charge, treat it as a reason to push back and, if already paid, send a written demand letter — escalate to Juridisch Loket if refused.

Source: BW art. 7:417 lid 4 — dual representation ban on charging the tenant when the agency also acts for the landlord. Verified 2026-08-11.

Frequently asked questions

What are bemiddelingskosten?
Bemiddelingskosten (also called courtage) is a mediation or agency commission. When the agency also acts for the landlord on the same listing, charging this commission to the tenant is not allowed (BW art. 7:417 lid 4).

Source: BW art. 7:417 lid 4 — dual representation ban on charging the tenant when the agency also acts for the landlord. Verified 2026-08-11.

Which fees are usually fine?
The deposit and the first month's rent are normal parts of renting. The safest approach is to ask, for every line item, who the service was for and what you are getting in return.
How do I challenge an improper fee?
An agency cannot charge a fee to the tenant if it is also acting for the landlord on the same listing (dual representation ban, BW art. 7:417 lid 4). If you paid such a fee, request a refund in writing with the invoice and messages attached. If the agency refuses, escalate to Juridisch Loket or another tenants' rights channel and keep a dated record of every step.

Source: BW art. 7:417 lid 4 — dual representation ban on charging the tenant when the agency also acts for the landlord. Verified 2026-08-11.

Can I get a fee refunded after paying?
Yes in principle when dual representation applies. Keep all records, send a written demand letter for a refund, and escalate to Juridisch Loket if the agency refuses.

Source: BW art. 7:417 lid 4 — dual representation ban on charging the tenant when the agency also acts for the landlord. Verified 2026-08-11.

Can my landlord force me to use their agent?
Be careful if you must use a specific agent and also pay that agent’s commission. Ask who engaged the agent and what you receive for any fee.
Are bemiddelingskosten for tenants legal?
An agency cannot charge the tenant a fee if it also acts for the landlord on the same listing (BW art. 7:417 lid 4). Reclaim via a written demand letter; escalate to Juridisch Loket if refused.

Source: BW art. 7:417 lid 4 — dual representation ban on charging the tenant when the agency also acts for the landlord. Verified 2026-08-11.

What is courtage in a Dutch rental?
Courtage usually means a mediation/agency commission. Clarify who pays it and why before you transfer money.
Are administration or contract fees OK?
Some add-on fees are disputed. Ask for a written legal basis for every line item beyond rent and deposit.
How do I reclaim an improper agency fee?
An agency cannot charge a fee to the tenant if it is also acting for the landlord on the same listing (dual representation ban, BW art. 7:417 lid 4). If you paid such a fee, request a refund in writing with the invoice and messages attached. If the agency refuses, escalate to Juridisch Loket or another tenants' rights channel and keep a dated record of every step.

Source: BW art. 7:417 lid 4 — dual representation ban on charging the tenant when the agency also acts for the landlord. Verified 2026-08-11.

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This is an automated informational review, not legal advice. No lawyer-client relationship is created. For advice about your specific situation, consult a qualified professional.