How it appears in listings
You will see bemiddelingskosten (mediation costs) or "makelaarskosten" in a listing or in the agent's offer. Often the same fee hides under another name: contractkosten (contract costs), administratiekosten (administration costs) or, in English, "agency fee", "placement fee" or "admin fee". The name does not matter. What matters is who the agent works for.
What it means for you
- The landlord's agent may not charge you. An agent who also acts for the landlord has no right to a fee from you as a tenant, and a contract cannot change that (art. 7:417 lid 4 BW). The Wet goed verhuurderschap (1 July 2023) confirms it: if the landlord uses an agent, the landlord pays.
- Renamed fees are still checked. One-off contract or administration costs are void if they give the landlord or agent an unreasonable advantage (art. 7:264 BW).
- An agent you hire is different. If you engage your own agent (a huurmakelaar) to search for you, paying that agent is allowed.
Two situations compared
| The agent lists the home | You hire an agent to search | |
|---|---|---|
| Who the agent works for | The landlord | You |
| Who pays the agent | The landlord | You |
| Can the agent bill you? | No | Yes |
The ACM, the Dutch consumer and market authority, has enforced this ban against letting agencies.
If you are asked to pay
Ask who the agent works for and what the fee covers. If the agent advertised the home or selects tenants for the landlord, you do not have to pay, and you can say so in writing. If you have already paid, send the agent a written claim for the money back. The Juridisch Loket or a local Huurteam can help you with the letter. Our guide to Dutch rental agencies explains how agents work.
Not to be confused with
A borg is a deposit: you pay it to the landlord and get it back when you leave, minus documented costs. Servicekosten are monthly charges for services in the building, settled once a year. Bemiddelingskosten are a one-off fee for the agent, which the landlord's agent may not ask from you at all.
Frequently asked questions
The agent who listed the flat wants a fee from me. Do I have to pay?
No. If the agent works for the landlord, charging you is not allowed, whatever the contract says.
I already paid. Can I get it back?
Generally yes. Send a written claim to the agent. The Juridisch Loket or a local Huurteam can help you with it.
Are "contract costs" allowed?
Only reasonable ones. A clause that gives the landlord or agent an unreasonable advantage is void (art. 7:264 BW).
