Your rights
Agency fees in the Netherlands: mostly illegal — and reclaimable for 5 years
Last updated: 24 July 2026
If a rental agency acted for the landlord — placed the ad, ran the viewings, drew up the contract — then charging you bemiddelingskosten (mediation fees) was illegal, whatever the invoice called it: agency fee, administration fee, contract fee, key money. The ban comes from the Dutch Civil Code's rule against serving two masters, was confirmed by the Supreme Court in 2015 for online rental platforms too, and the ACM, the Dutch consumer authority, actively enforces it. Better still: according to the Juridisch Loket you usually have 5 years to reclaim what you paid. This guide covers when the charge is illegal, the narrow cases where it is not, and the exact letter to send.
- Stop all payments
- Screenshot everything
- Call your bank the same day
- Report: politie + Fraudehelpdesk
Key takeaways
- An agency that works for the landlord may charge the tenant nothing — regardless of what the fee is called.
- Renaming it 'administration costs' or 'contract costs' changes nothing; the ban follows the service, not the label.
- You can usually reclaim an illegal fee for 5 years after paying, even though you signed for it.
- The route is simple: written demand with a 14-day deadline, then ConsuWijzer, then the kantonrechter.
On this page
- 01When are agency fees illegal in the Netherlands?
- 02Which fees count — and what may an agency still charge?
- 03How much money is at stake?
- 04How do you reclaim the fee — the three steps
- 05The template letter (copy, fill in, send)
- 06What if the agency refuses, stalls or has vanished?
- 07Frequently asked questions
When are agency fees illegal in the Netherlands?
The rule is the dual-service ban, known in Dutch as the prohibition on 'serving two masters' (dienen van twee heren, article 7:417(4) of the Civil Code). A rental agent who acts for the landlord — advertising the home, selecting tenants, handling the contract — is the landlord's agent, and may not also bill you, the tenant, for that mediation. According to the ACM, such an agency may not charge the tenant any fee at all, no matter what it calls the charge.
In 2015 the Dutch Supreme Court confirmed the ban also covers online rental platforms that put homes on their site and then charge the tenant for making contact. And this is not sleeping law: the ACM has imposed orders on rental agencies to force them to stop charging tenants, and keeps collecting reports through its consumer portal ConsuWijzer.
Which fees count — and what may an agency still charge?
The label on the invoice is irrelevant; what matters is who the agency really worked for. According to the Juridisch Loket, renamed versions of the same charge are equally off-limits, while a genuinely separate service performed for you can lawfully be billed:
| The charge | Allowed? |
|---|---|
| Bemiddelingskosten / courtage while the agency also worked for the landlord | No — this is the core of the ban |
| 'Administration costs', 'contract costs', 'key money' in that same setup | No — the same fee under a different name |
| A charge for a genuinely separate service for you, such as applying for your housing permit | Can be allowed — it must be a real service, at a real cost |
| A fee where the agency worked only for you, on your private search assignment | Allowed — this is genuine tenant-side mediation |
How much money is at stake?
Illegal mediation charges typically ran to one month's rent plus 21% VAT — on a €1,200 apartment, roughly €1,450 gone at the exact moment you were also paying a deposit and a first month. For the internationals these agencies often targeted, that stacked into the most expensive weeks of the year.
That size is exactly why the reclaim right matters. The claim is one of 'undue payment' (onverschuldigde betaling): money paid without a legal basis must be returned. Signing the contract, agreeing to the invoice, even paying without protest — none of it launders the charge, because the ban is mandatory law that a clause cannot override.
How do you reclaim the fee — the three steps
According to the Juridisch Loket, you usually have 5 years from payment before the claim lapses. Inside that window the route is short:
- Send a written demand: state what you paid, that the agency also acted for the landlord, that the fee was therefore not owed, and give 14 days to refund to your account. The template below is enough — registered mail or email with delivery confirmation.
- No refund? Report the agency to ConsuWijzer, the ACM's consumer portal. Reports are what the regulator acts on, and a live enforcement file has a way of changing an agency's mind.
- Still nothing? File the claim with the kantonrechter (subdistrict court). For money claims up to €25,000 you do not need a lawyer, and you can add statutory interest from the demand deadline.
- Stop all payments
- Screenshot everything
- Call your bank the same day
- Report: politie + Fraudehelpdesk
The template letter (copy, fill in, send)
The letter goes in Dutch — it is addressed to a Dutch agency and cites Dutch law. Fill in the brackets and keep a copy:
"Geachte heer/mevrouw, — Op [datum] betaalde ik u € [bedrag] aan bemiddelingskosten voor de huurwoning aan [adres]. U trad bij deze verhuur (mede) op voor de verhuurder. Op grond van artikel 7:417 lid 4 BW mocht u daarom geen bemiddelingskosten aan mij als huurder in rekening brengen. Dit bedrag heb ik onverschuldigd betaald. Ik verzoek u het volledige bedrag binnen 14 dagen na dagtekening van deze brief over te maken op rekening [IBAN] ten name van [naam]. Blijft betaling uit, dan vorder ik het bedrag met wettelijke rente via de kantonrechter. — Met vriendelijke groet, [naam, adres, datum]"
In English, that says: on [date] I paid you € [amount] in mediation fees for the rental at [address]; you also acted for the landlord, so under article 7:417(4) of the Civil Code you were not allowed to charge me; the payment was undue; refund in full within 14 days to [IBAN], or I will claim it with statutory interest at the subdistrict court.
What if the agency refuses, stalls or has vanished?
Refusals usually lean on one of two scripts: 'you signed for it' (irrelevant — the ban is mandatory law) or 'it was for administration' (the label test again: what actual separate service was performed, at what real cost?). Put the question in writing and keep the answer; vague invoices tend to dissolve under that one request.
If the agency has dissolved or ignores a court-ready file, weigh the amount against your time — but report it to ConsuWijzer regardless, because enforcement patterns are built from reports. And if the 'agency' that charged you never had an office, a KVK registration or a working phone number, you may be looking at a scam rather than an overcharging middleman — in that case switch playbooks to what to do after a rental scam.
Frequently asked questions
Are agency fees legal in the Netherlands?
The invoice says 'administration costs', not mediation fees. Does the ban still apply?
How long do I have to reclaim bemiddelingskosten?
I signed a clause agreeing to the fee. Am I stuck with it?
Does this apply to expat and international-student contracts too?
Check the next rental before the next fee
Paste any listing or agency message into the free check — it reads the payment story, the charges and the pressure phrases in about 60 seconds, and flags what a Dutch rental should never ask you to pay.
Dormetrics is a risk signal, not a guarantee. We show you which red flags fired and whether the person taking your deposit legally owns the property. Always view in person, pay by SEPA to a Dutch IBAN, and insist you can register at the address (BRP). The final decision is yours.