Protocol for allocation of rental properties

Protocol allocating rental properties to prospective tenants

This Protocol for the allocation of rental housing to prospective tenants is used within the framework of the Good Landlord Act and aims to make it clear to all parties involved how the allocation of a rental housing is established. This Protocol is aimed at preventing (housing) discrimination.

Definitions:

Letting Agent: (An employee of) the Letting Agent who offers a property for rent on behalf of the Client and is validly authorized to do so.

Principal: The (legal) person(s) entitled to let the dwelling who has engaged the letting agent to mediate in his/her interest in letting a dwelling.

Prospective tenant: A natural person/entity who expresses interest in a rental property offered by the rental agent on behalf of the client.

Purpose of mediation:

The Client’s objective is to rent the rental property in question to the most suitable prospective tenant. This is a prospective tenant for whom it is as plausible as possible that he can correctly and timely fulfill all obligations arising from a rental agreement and at the most appropriate time. The distinction between prospective tenants is made by objective justification. Distinguishing between prospective tenants serves a legitimate purpose and the letting agent will act appropriately and proportionately in accordance therewith.

Basic information to be obtained from the prospective tenant:

• Name (first and last name)
• Current address and residence
• Phone number
• Email address
• Copy ID proof (BSN number and passport photo may be masked out)
• Family composition: living alone, living together, with or without children
• Amount of total monthly net income
• Income statement from the IRS
• Employment contract(s) and/or employer statement(s).
• Proof of income (salary statement and recent bank statements showing net income)
• Amount of current rent
• A landlord’s statement
• The information necessary to determine whether the prospective tenant(s) are eligible for a housing permit (if obtaining one is required in the municipality where the property is located).

No information is required on:

• Ethnic or cultural background
• Religious identity
• Political affiliation
• Sexual orientation
• Gender identity and/or expression
• Physical or mental health

Criteria taken into account for allocation:

1. Response rate
   Basically, first come, first served. The initiative to respond to a property on offer lies with prospective tenants. In the event of a large number of responses, some prospective tenants may no longer be invited for a viewing and may be rejected.
2. Source of income/type of employment contract

An indefinite employment contract with a reputable employer is preferred. This gives the client the most financial security. Temporary employment contracts, (recent) self-employment and other forms of income sources such as alimony, an internship allowance, a guarantee by a third party, an inheritance, rental income, etc., may well also lead to allocation of a rental property, but that is customized.

3. Level of income
   After any minimum income requirement, the highest (joint) income is preferred. This gives the client the most financial security with respect to fulfilling the financial obligations under the lease.
4. Thorough and verifiable positive rental history
   A prospective tenant with a positive and verifiable rental history is preferred. Prospective tenants without a verifiable rental history is tailor-made, as it requires further information or research.
5. Positive screening of ID proof and solvency
   A prospective tenant can be assigned a property only with the proviso that identity can be verified and financial standing is in order. To verify this, the rental agent conducts a thorough screening process. Part of this screening is a manual check for authenticity characteristics of the ID performed by the rental agent. This check can be done, for example, with the DutchID App offered by the Dutch government. The result of this screening can lead to a rejection (even after an initial allocation).
6. Household composition
   It is important to have an appropriate occupant composition per dwelling. This is to prevent nuisance and damage, but also to prevent over-occupancy of housing, for example. The occupant composition per dwelling will therefore be taken into account during allocation. Depending on the type of home, certain compositions are preferred. This is customized for each home.
7. Suitability in (the vicinity of) the property on offer
   In some cases, the location of the rental property or its characteristics may result in certain prospective tenants being more suitable in principle than others.
8. Award client
   For each property offered, the client ultimately makes the choice between prospective tenants. The rental agent has no influence on the final choice.

In conclusion:

The letting agent refrains from any form of (cooperation with) discrimination with regard to the allocation of rental properties to prospective tenants. The rental broker bears no responsibility or liability for the actions of its clients. Due to privacy laws, the rental broker is not authorized to provide basic information of prospective tenants to third parties.