Recently, we have heard from foreign students (studying at Leiden University in The Hague) that after two years of campus housing, they are required to vacate their rooms, even if their studies last for 3 years. They are then left responsible for finding alternative housing in The Hague. Tim de Boer states, “Due to the strict deadline without the possibility of extension, DUWO and Leiden University are leaving these students in great uncertainty in a housing market where landlords see foreign students as easy prey. They often face excessively high rents or poor-quality housing.” Further investigation revealed more unreasonable conditions such as having to pay a “reservation fee” of €285, being unable to terminate the contract prematurely, and other costs that are not allowed by law. Fatima Faïd adds, “Universities love foreign students because of the higher tuition fees they can charge for this group. Now, a social housing corporation seems to be profiting from this as well. It’s outrageous how these students are being exploited!”
Tim de Boer continues, “The standard lease contract undermines certain legal agreements, eliminating the so-called benefits of a temporary contract, such as early termination, while retaining the disadvantages of its temporariness. Additionally, there are clauses that are not in line with the law and are therefore void and invalid.” “It’s scandalous that a social housing provider drafts contracts that knowingly do not comply with legislation. Based on the Good Landlord Act, the municipality should take action against this.”
Dutch translation here: https://haagsestadspartij.nl/buitenlandse-studenten-uitgeknepen-door-duwo-en-universiteit-leiden/
Want to know more on the housing in the Netherlands: https://www.government.nl/topics/housing/rented-housing
Or translate this government site in English yourself: https://www.rijksoverheid.nl/onderwerpen/woning-huren/vraag-en-antwoord/welke-extra-kosten-mag-verhuurder-bij-een-huurcontract-vragen
Written questions: Exploitation of Foreign Students
Date: March 27, 2024
To the Chair of the Municipal Council,
The Hague City Party has learned that Leiden University, in collaboration with the housing corporation DUWO, only offers foreign students enrolled in the three-year master’s program a temporary contract for a room for two years. Students cannot terminate the contract in between. Additionally, fees are being charged which, according to court rulings, are not permissible.
In accordance with art. 30 of the Rules of Procedure, councilor Fatima Faïd of The Hague City Party submits the following questions:
Translation from Dutch to English:
Haagse Stadspartij has come to know that Leiden University, in collaboration with the housing corporation DUWO, offers foreign students from the three-year master’s program only a two-year temporary contract for a room. Students cannot cancel the contract midway. Costs are also charged that, according to court rulings, are not allowed.
- Is the college aware that foreign students at The Hague Campus Leiden are only offered a student room for two years through DUWO? If not, why not?
Yes, the college is aware of this. This applies to both Dutch and international students studying at the Leiden University Campus (LUC). DUWO rents out the furnished and unfurnished living space on behalf of the LUC (DUWO is not the owner of this building) to both Dutch and international students for a period of two years.
To answer the remaining questions, it is good to understand the following: DUWO rents student housing through its offer platform ROOM directly to Dutch and international students and also has the ‘University Housing’ formula. Through the University Housing formula, DUWO, based on contracts with educational institutions (including Leiden University, The Hague University of Applied Sciences, and ISS), makes a certain number of homes available and keeps them available for educational institutions so that their students are guaranteed housing when they come to study in the Netherlands for a certain period. The University Housing student homes are rented out furnished and unfurnished, mainly to international students.
- Can the college explain how this policy originated? Why is there no room guarantee for the full study duration of 3 years?
LUC is the international English-language Honors College of Leiden University; a bachelor’s program with an interdisciplinary curriculum focused on contemporary global challenges. It is a Liberal Arts program, as found in many University Colleges around the world. This educational concept is characterized by a very varied curriculum (instead of one subject area) and (partially) mandatory living on campus where the education is also provided. At LUC, education and living take place in the same building at Anna van Buerenplein, right next to the Central Station. The building houses 4 floors for education and above that 17 floors with a total of 396 independent student homes.
The vast majority of students come from abroad, but some students also come from the Netherlands.
The rental policy ensures that new LUC students (including the Dutch) are guaranteed housing upon registration and acceptance. This immediate availability of housing is only feasible if agreements are made for a fixed period of 2 years. This 2-year rental period is permitted under Article 7:271 of the Dutch Civil Code and the currently applicable Article 22a Regulation for Permitted Housing Institutions 2015. By limiting the fixed period to two years, there is always enough housing to accommodate new batches of students at LUC. Within the residential concept of LUC’s education, it is expected that students in the third and final year of the program broaden their horizons. They look for independent housing off-campus and pursue a minor at another university or go on an exchange abroad.
The rental contract that DUWO enters into with LUC students is a standard agreement for (international) students in the Netherlands, established after extensive consultation between educational institutions, colleague corporations that also house students, student organizations, and tenant organizations, under the chairmanship of the Knowledge Center for Student Housing (Kences). It is a compromise that all involved parties believe is the best and will meet most situations.
- Can the college indicate whether the municipality was informed of this practice by Leiden University or the involved DUWO? If so, since when? If not, what does the college think of this arrangement?
Yes, this has been known since the beginning of the program because it is part of the educational concept.
- Can the college indicate whether this arrangement is supported by the college?
As stated, a University College is a special educational concept that is widely practiced worldwide and also in several places in the Netherlands. It involves an intensive and diverse learning trajectory where living and studying in one place are connected, in the case of LUC, in the first two years. This concept was known before LUC came to The Hague and has never stood in the way of LUC’s acceptance in The Hague.
- Is it true that several hundred vulnerable students are put on the street by DUWO annually? If so, what do Leiden University and DUWO do to prevent possible homelessness and stress among students?
According to the educational concept, the contract is for 2 years. If students have registered with DUWO or elsewhere on time, they can find a room elsewhere after 2 years. Therefore, educational institutions (and in this case Leiden University) clearly communicate with students that they must register in time on the search platform ROOM, Kamernet, or other websites where student housing is offered.
- Can the college indicate whether students who have not found a room are still evicted from their rooms? If so, how is this possible?
Forced eviction requires a legal procedure. According to DUWO and Leiden University, no procedure has ever been conducted for forced eviction due to the end of the fixed term of a rental contract at LUC. From this, the college concludes that students have apparently always managed to find alternative housing for the third academic year at LUC.
- Can the college indicate how foreign students are protected in the current housing market against eviction, overcrowding, poor conditions, and exploitation by landlords?
For the rental of all housing, there are rules within which landlords must operate, regardless of whether they are private, commercial, a housing corporation, or otherwise. If a rental situation does not comply with these regulations, the tenant can report it to various agencies, such as the Rent Desk. The Good Landlord Act and the accompanying instruments give both the municipality and tenants more options to combat poor living conditions. During the introduction period at the beginning of the academic year, students are informed about this. On www.denhaag.nl, there is a page dedicated to the Good Landlord Act. This page is available in multiple languages, so also for international students.
- When registering as a foreign student, foreign students have to pay € 285 as a Housing Reservation Fee. Can the college indicate whether this also applies to Dutch students? If not, is there no discrimination then?
The mentioned Housing Fee of €285 is applied by Leiden University for international students who find housing with priority for exchange or a master’s program via Leiden University (see also the answer to question 10).
Students from both home and abroad pay the same amount of Campus Fee at LUC. This fee serves as a reservation for the place in the programs and the associated housing. There is no discrimination.
- Does the college agree with the Haagse Stadspartij that these are unclear costs that, like rental costs, contract costs, and such, should not be charged? If not, why not?
Leiden University charges a Housing Fee to give international students who come for a short study duration (maximum 1 year) priority in their search for housing (see also the answer to question 10). Leiden University is transparent about this on their Housing website and states that this fee covers administrative costs to make this arrangement possible.
Other costs that the tenant encounters are the rental costs of DUWO of € 16.76, when entering into a rental agreement in the context of University Housing. The rental to LUC students leads to additional costs at the start of the lease that do not exist for regular students. DUWO undertakes activities to ensure that people coming to study at LUC are taken care of. Think of making agreements with the educational institution. These efforts provide such benefits to the tenant that asking for a fee does not result in an unreasonable advantage for the one who made the effort. All payable rates are known in advance and the revenues are offset by actual and accountable costs.
Charging these costs is not prohibited, and the college believes that the educational institutions and DUWO are transparent about the costs associated with University Housing.
- If this “fee” provides access to the site room.nl, why do foreign students pay € 285 for the same functionality that Dutch students pay € 35 for?
The foreign students who have paid € 285 in housing fee get to see the pre-reserved housing offer for University Housing that is made available via ROOM. This is a different functionality than the regular way of searching for housing on ROOM. The cost for a student to register for the regular housing offer on ROOM is € 35. This is the same for all students, Dutch or international.
- There are several court rulings where cleaning fees and reservation costs are considered unlawful. Can the college indicate whether the reservation costs (part of the first payment) and the costs for end cleaning comply with current legislation?
DUWO does not charge reservation costs as part of the first payment. For the end cleaning, the responsibility lies with the tenant. Parties can agree that DUWO takes over this responsibility and receives a reasonable fee for that service. This is the case with the end cleaning, noting that the fee is more than reasonable because the actual costs are higher than the fee received.
- Can the college indicate whether the inability to cancel a temporary rental contract midway is against the law?
It is true that students cannot simply cancel their rental contract. This is related to the residential concept of LUC. If you follow education at LUC, you also live there. If a student quits the study prematurely, the rental agreement can be terminated. This is also stated in the rental agreement and happens in practice. This is not against the law, see the answer to question 2.
- Normally, the advantage of a temporary rental agreement is that the tenant can decide to leave midway. With DUWO, this is apparently not possible, but tenants are bound to the two-year term and the fact that they must be enrolled at an educational institution. Does the college find it desirable that this deviates from these laws in a way that is very disadvantageous to tenants?
The rental agreement includes the following text, where parties explain why early termination is not possible, and also agree on a hardship clause for situations where early termination is possible.
“The parties recognize that a tenant’s appeal for early termination, before the agreed duration expires or for extension or tenant protection after the agreed duration has expired, can lead to a significant decrease in the availability of housing for international students.”
The parties and educational institutions do not consider this to be in their interest. Therefore, they believe that such an appeal should be deemed unacceptable according to standards of reasonableness and fairness, unless one of the two situations outlined below applies:
- In the case of unintended and unforeseen changes in the tenant’s personal circumstances, which compel the tenant to prematurely terminate the study program and leave the Netherlands, an early termination of the rental agreement can be granted as an exception, as specified in Article 7:271 paragraph 1 of the Dutch Civil Code.
- If the first situation does not apply, but the tenant finds another student from the same educational institution to take over the remaining lease period, the landlord will only refuse the proposed replacement tenant for compelling reasons.”
The combined living-learning concept of the LUC is actually an advantage for the student. At the start of their studies, the student is guaranteed a housing unit, and it is clear from the beginning that it is a temporary rental agreement and that the student must start looking for new housing after 2 years (in fact, even earlier). If a student discontinues their studies prematurely, the rental agreement can be terminated.
- If all these arrangements are made with future students in mind, can the college clarify how DUWO will handle this from July 1st? At that time, the option to offer temporary contracts will be removed from the law.
This is a misunderstanding; this option will remain available for this target group. See also the draft decree on specific groups of temporary rental agreements:
“The categories of persons referred to in Article 271, second paragraph, first sentence, of Book 7 of the Dutch Civil Code are: a. persons who temporarily wish to live in another municipality within the Netherlands for their studies or who come from abroad to study in the Netherlands.”
- Is the college willing to engage in discussions with DUWO and Leiden University to ensure that the rental procedures and contracts comply with the latest developments in rental law? If not, why?
The college does not consider this necessary. The current policy of educational institutions and DUWO regarding University Housing is well-founded and complies with rental law regulations.
- What steps is the college taking, possibly in collaboration with DUWO and the universities, to sustainably house students in The Hague?
The college has committed to adding a total of 3000 student units through new construction and room rentals in the period 2021-2026. Two-thirds of this target has been achieved. See Committee Brief on the status of student housing (RIS318969). In the short term, in 2024 and 2025, the goal is to find space for 1000 student units (preferably non-independent) in (new construction) projects and relaxed rules for room rentals. By promoting room rental and the intended relaxation of room rental regulations, the college expects to create more housing for students in various ways.
A large portion of the newly built units will be affordable, in the case of independent housing, with the possibility of applying for rent allowance.