Jaap Draaisma
Lecturer
Metropolitan Issues
Temporary living
Since 1 July 2024, temporary rental in the private rental sector has been largely prohibited again. This after a period of 8 years, in which temporary rental contracts in the private rental sector has more or less become the norm.
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This chapter consist of the following 3 parts:
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1. Temporary Rental 2016 - 2024
2. Seven types of Temporary Housing
3. Evaluation Amsterdam Youth Contracts
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1. Temporary Rental 2016 - 2024
In 2016, temporary letting, letting of residential space for a maximum of 2 years, became possible on a large scale in the Netherlands through the introduction of the Tenants' Flow Act.
The core of the act was the abolition of rent protection. This, in combination with the complete release of the rent above the social rent limit, stimulated private landlords. And a new dynamic emerged on the housing market.
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“In areas where there is a great housing shortage, private landlords use a temporary rental contract in 74% of cases” (From: Evaluation report Rental Market Flow Act, to the House of Representatives 27-05-2021). In Amsterdam, this percentage will be even higher.
It should be noted that, unlike private landlords, permanent rental contracts have remained the norm for institutional investors.
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The shift to temporary rentals is one of the main reasons why Amsterdam has remained accessible to newcomers.
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Price-raising effect
For private landlords, this offered the opportunity to increase the rent every two years. When the “market rent” fell in 2020-2021, due to the departure of well-earning foreigners due to the corona virus, we immediately saw vacancies arise in the most expensive category. The business model of the ever-increasing rents no longer worked for a while.
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Housing insecurity and stress
Housing insecurity has major consequences for both the peace of mind of those involved and for their commitment to and involvement in the city. But whether this is actually increased or decreased by the temporary nature is a question that needs to be investigated, which we will address further in the 'social' section.
Because does temporary nature ensure that people connect much less with Amsterdam and allow the relationships with the country of origin to dominate? In other words, that Amsterdam never becomes a 'home'. Or does temporary nature actually force people to get the most out of it?
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It is certainly not 'socially' sustainable; the social contacts, the social network, the knowledge and experience are lost to the city when leaving. The social fabric of the city is weakened by it. And with that the basis for not only many social activities (from sports to religion, from culture to politics) but also for economic initiatives, for example.
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To somewhat counter this, the registration period for a social rental home (at Woningnet) will be maintained for temporary rental. In addition, people who have lived in the city for 6 years without interruption in the last 10 years, so in particular the Amsterdam youth, will be given priority for a youth home.
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Where to, after temporary contract
I have no information about the residential location of people leaving temporary rental in the private sector. So whether they move within Amsterdam or leave the city. Because in Amsterdam a next 'free', temporary, private rental home is often the only alternative, I assume that most leave the city after 1 or 2 temporary rental contracts. Needs further investigation.
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The new construction of recent years in Amsterdam has consisted largely (research into the size is necessary) of temporary rental homes (mainly by private individuals but also by housing corporations; both social and 'free' rent). In addition, short-stay homes are being built under the official hotel-new construction category; these will also become available to newcomers.
And also in the existing housing stock, certainly in the private sector, between 2016 and 2024 mainly temporary rental contracts were used. As a result, this living space can also temporarily become available to newcomers.
At the expense of the temporary tenants who have to leave.
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Temporary youth contracts
Not only private landlords, but also several housing corporations have been lobbying for years to make temporary rental contracts possible. The Amsterdam housing corporations Stadgenoot and De Key saw it as the crowning achievement of their efforts when the law was passed in 2015 that made Temporary Rental possible on a large scale*. Their argument:
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Temporary rental means that people have to leave their homes after a number of years, making way for newcomers. Making way for newcomers is very social and shows solidarity: it also gives others a chance.
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The faster flow means that more homes become available for young people**.
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After a number of years in temporary housing, you should have 'grown' so much, made a career, that you are able to rent or buy a home on the free market. If you are unable to do so, you have lost your chances and do not belong in this much sought-after city.
It goes without saying that the proponents of a 'free housing market' also use this kind of 'social' argumentation.
However, the law did not allow temporary letting by housing corporations of ordinary social housing.
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Temporariness has become the norm for young people, and will mostly remain so.
Temporariness had become the norm in the private rental sector, but will no longer be so from 1 July 2024.
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* During the farewell of Gerard Anderiesen as director-manager of the housing corporation Stadgenoot on October 4, 2016, he was praised by both mayor Van der Laan and the other corporation directors for his efforts to make temporary rental possible. At the same time, the speakers wondered why there was so little social support for the housing corporations and the PvdA.
 
** See Evaluation Youth Contracts Amsterdam by RIGO 2022; summary below.
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2. Seven types of Temporary Living
1. RENTAL CONTRACT FOR A LIMITED TIME
2. YOUTH CONTRACT
3. CAMPUS CONTRACT
4. TEMPORARY RENTAL ON THE BASIS OF THE VACANCY LAW
5. LOAN AGREEMENT
6. IN BETWEEN RENT
7. SHORT STAY
Ad 1. RENTAL CONTRACT FOR A PARTICULAR TIME
Since 1 July 2016, all rental properties may be temporarily rented out.
Self-contained homes for a maximum term of 2 years.
Detached houses (rooms) for a maximum of 5 years.
In the summer of 2021, at the initiative of the VVD, the House of Representatives wanted to extend the term for independent homes to 3 years, but that was blocked by the First Chamber.
At the end of the term, the contract may not be extended for another temporary term. Extension leads to a contract for an indefinite period.
With a few exceptions, housing associations are not allowed to conclude a fixed-term rental contract for social housing. However, they are allowed to rent out temporarily to specific groups (students, young people, “workers who have work temporarily in another place”, etc.) and they are allowed to work with all other types of temporary rental contracts.
On September 5, 2022, PvdA and CU submitted a private member's bill to end temporary rental in the private sector. They expect to submit this bill to parliament in the spring of 2022
Ad 2. YOUTH CONTRACT
With the new law, a special youth contract was introduced on 1 July 2016. Intended for young people aged 18 to 27.
(Particularly for social rental housing from housing associations; also applicable to social rental housing for private individuals? Further investigation)
For a maximum term of 5 years, with a possible extension of 2 years.
Theoretically, you can start renting on the basis of a youth contract at 27 and then for another 5 years, so you can stay in this house until you are 33.
The build-up of your registration period for permanent social housing remains.
Applies to both self-contained and non-self-contained accommodation.
Rent allowance is possible for independent living space.
The maximum rent is regulated by the rental point system (home valuation system).
This type of contract is interchangeable with a rental contract for students and PhD students (see there).
Ad 3. CAMPUS CONTRACT
The old campus contract is still in effect. For university and higher professional education students, the colleges.
The number on your student card serves as your admission ticket.
You can continue to live up to six months after you have finished your studies.
Since 1 July 2016, PhD students can also make use of a campus contract.
Applies to both self-contained and non-self-contained accommodation.
Rent allowance is possible for independent living space.
The maximum rent is regulated by the rental point system (home valuation system).
This type of contract is interchangeable with a rental contract for young people (see there).
Ad 4. ​​TEMPORARY RENTAL ON THE BASIS OF THE VACANCY LAW
For temporary letting under the Vacancy Act, the lessor needs a permit from the municipality.
This temporary rental is for a maximum of 2 years pending demolition or renovation; extendable to a maximum of 7 years.
In the case of temporary rental pending sale, the maximum term is 5 years; maximum of 10 years in the event of a temporary deviation from the zoning plan (for example, living in a school).
In principle, there is rent protection. This means that the rental point system is in effect. The rent is stated in the permit from the municipality.
The rental price protection does not apply only in the case of temporary letting by private individuals pending sale.
By reporting empty homes to the municipality on the basis of the Vacancy Act (to be included in the 'vacancy register'), the vacancy is officially protected against squatting.
After a Blackstone home was squatted on June 4, 2021 in De Pijp (and immediately evicted by the police), Blackstone registered all of its 330 vacant homes with the municipality for the 'vacancy register' (AT5 28-08-21). According to Blackstone, the homes were empty pending maintenance (NH Nieuws 30-08-21).
Blackstone does not intend to rent out the homes temporarily under the Vacancy Act, because most homes were still empty at the beginning of 2022.
After renovation, they will be rented out for the maximum 'market rent'.
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Ad 5. LOAN AGREEMENT (also: anti-squat, vacancy management)
This does not involve renting and letting, so also not temporary letting.
The space is used "free of charge".
So there is a temporary residence.
There are about 30 anti-squat agencies/vacancy managers in the Netherlands; most are also active in Amsterdam: Zwerfkei, VPS, Alvast, Adhoc, Villex, HOD, Bewacht & Bewoond, Gapph.
The non-profit/social vacancy manager LOLA (Leegstands Oplossers Amsterdam) mainly lends workspace and cultural spaces.
This concerns large numbers of vacant offices, schools, homes, companies, halls, etc. By deploying one or a few 'squatters', users, borrowers, the building is protected against squatting. Most anti-squat agencies leave the building largely empty, some allow it to be used more intensively.
The user only pays for gas, water and electricity plus a small management fee. As soon as you pay more, there is rent and you therefore have rights.
The user has virtually no rights; usually a notice period of 3 weeks applies.
Some vacancy managers / anti-squat agencies try to place their 'users' who have to leave their space in the next building as much as possible. Especially the large vacancy managers / anti-squat agencies are capable of this.
Ad 6. IN BETWEEN RENT
An owner or tenant who temporarily does not use the house may rent it out temporarily.
The term and rental amount must be stated in the agreement.
In Amsterdam, a caretaker arrangement applies to social housing where the tenant has been away for more than 3 months. The agreement for this states the period (maximum 2 years), compensation and the permission of the landlord and the municipality.
(see also the site Municipality of Amsterdam).
The rental point system does not apply (the rent must be 'reasonable and fair') and rent allowance is not possible.
Ad 7. SHORT STAY
From the municipal site Amsterdam.nl on 21-02-2022:
Short stay is temporary living in an independent home for a period of at least 7 nights and a maximum of 6 months.
The Amsterdam short stay policy is aimed at offering sufficient housing to (mainly foreign) employees. This keeps Amsterdam attractive as a business location for companies.
Short stay is intended for temporary stay of expats and internationals who come to Amsterdam temporarily for work. Short stay is expressly not intended for the accommodation of tourists.
Tourist tax must be paid for overnight stays in a short-stay apartment.
Short stay can only be carried out in existing housing construction if a temporary housing withdrawal has been issued for this purpose on the basis of the Housing Act. Since 14 January 2014, no new permits for short stay in existing housing have been issued.
So much for the site of the municipality of Amsterdam.
Short stay is therefore no longer possible in the existing housing stock. Permission is still being given in the new building, despite the fact that there is an official hotel stop, as recently emerged at the Bajeskwartier.
In short stay tenancy contracts, tenancy protection is usually excluded, which does not mean that the tenant has no tenancy rights. Short stay studios/apartments/units are rented out furnished, with a package service that goes further than with ordinary housing rental and there is no question of rent protection.
Usually there is a (legal) basis for a rental contract that 'by its nature is of short duration'. The same (legal) construction that allows temporary living in holiday homes and garden houses. There is therefore no question of rent (price) protection.
From the site of the Woonbond on 21-02-2022: Short stay is used, for example, to rent out a modern and fully furnished living space to (foreign) students for an average period of six months to one year. This can be in connection with a short-term study or research programme, an exchange of students and the like, whereby these students are usually immediately followed by the next generation in the same accommodation. The so-called 'student hotels' often base the rental of rooms on a short stay.
In Amsterdam among other things
Student Hotel (now called Social Hub)with branches on:
Wibautstraat 129 with 571 rooms
Jan van Galenstraat 335 with 487 rooms
Student Experience with branches (since 2020) on:
NDSM with 403 rooms (average 24 m2)
Amstelkwartier (Johan Muyskensweg) with 520 rooms (average 21 m2)
Zuidas (formerly Ravel) with 800 studio’s (average 21 m2)
Houthavens (Minervahaven) with 600 units
Hotel Jansen with branches on:
Valschermkade (Schinkelhaven): 143 short stay rooms
(999 euro/month all-in) and 23 hotelrooms
Bajeskwartier (planned to realise end of 2022): 200 short stay rooms/ student rooms
In total almost 4000 rooms, almost all of them recent. With a relatively short stay and therefore of great importance for the accessibility of Amsterdam for newcomers.​
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3. Evaluation Youth Contracts Amsterdam - Research into the functioning and experience.
by the RIGO, dd. March 30, 2022
commissioned by the Municipality of Amsterdam, the Amsterdam Federation of Housing Corporations (AFHC) and the Federation of Amsterdam Tenants' Domes (FAT)
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The flow has not yet started.
While the youth contracts are in principle valid for 5 years and the scheme came into effect 5 years ago, more than two in three (68%) young people still live at the same address.
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Extend by 2 years?
The law offers the option of granting an additional 2 years after 5 years. Some corporations do that too.
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Contrary to the premise of the introduction of youth contracts, most young people do not (as yet) experience rapid income growth
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Offer for young people has not increased
The share of homes that housing associations rent out to young people has not increased as a result of the introduction of youth contracts.
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It is mainly 'older young people' (23-27 years) who move into a home with a youth contract. This is mainly due to allocation on the basis of registration time and on the basis of direct mediation, in which skills play a role.
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Half of the residents with a youth contract (on 1-1-2021) were 'original' Amsterdammers, i.e. lived in Amsterdam 10 years ago)
Comment: This makes the youth contracts relatively important for 'original' Amsterdam youth, because the majority (61%) of Amsterdam youth (18-27 years) are newcomers, i.e. have lived in the city for less than 10 years. Young people who recently arrived in Amsterdam are therefore relatively less likely to end up here.
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In 2020, 27% of new rentals were by housing corporations with a youth contract (2000 of the 7600 independent social rental homes).
Comment: Contrary to the existing picture, corporations do indeed rent a significant proportion of their vacant homes to young people.)
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Potentially more supply for young people
If the flow of young people becomes greater than before the introduction of the youth contracts, then the supply for young people will become greater. Before the introduction, young people flowed through after 7.6 years, now that could drop to an average of 4 years. Which would more or less double the supply.
For the time being, this is not the case, because the term of the majority of the youth contracts has not yet expired; it will be the case for the first time in 2022.
Comment: If the term of the youth contracts is extended to 7 years, the average duration of residence will be longer and the supply will therefore decrease.
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Where to after departure?
Of those who left a home with a youth contract, 67% stayed in Amsterdam; 33% left the city. 
Of those who left, 14% went back to live with their parents.
Of those who left, 8% went to live abroad.
Alderman Dantzig: “give young people an extra 2 years”
During the discussion of the RIGO report in the council committee on August 31, 2022, Alderman Dantzig called on the housing associations to give young people who are unable to find another home after 5 years (the majority according to the report) an additional 2 years as standard.
Amsterdam, February 22, 2022; Update June 14, 2023; Update October 10, 2024