Attention leaseholders with rented properties!

Attention leaseholders with rented properties!

The Municipality of Amsterdam previously announced that calculation errors had been made in calculating the ground rent for leased leasehold properties in 2021 and 2023. You may be entitled to a ground rent reduction and refund. It has recently become possible to reclaim overpaid ground rent for leased properties. This can result in a considerable amount, especially for leaseholders with a larger real estate portfolio. Corten De Geer Advocaten will explain how this works and, if necessary, assist you with your refund application.

Leaseholders pay a ground rent that is indexed annually to inflation using the consumer price index (CPI). Inflation was very high in 2021 and 2023. As a result, the ground rent was indexed at a higher percentage than in previous years. However, there is an important exception for leased leasehold rights to which the General Provisions 2000 (AB2000) apply. These provisions stipulate that when a leasehold property is leased, the indexation may not exceed the maximum permitted rent increase. In 2021 and 2023, the CPI was higher than the maximum permitted rent increase. The ground rent calculated and paid at the time therefore appears to be too high for those properties. This surplus can now be reclaimed from the Municipality of Amsterdam in the case of residential properties.

Important: leaseholders must apply for reimbursement before July 1, 2026.

When are you eligible for this refund?

• - The property (or part thereof) was rented out in 2021 and/or 2023, even if you were not yet the owner of the property or only part of that period was rented out.
• - The leasehold agreement states that the designated use of the leased property is ‘residential’.
• - The AB 2000 applied to your leasehold rights in 2021 and/or 2023.
• - The canon was adjusted annually for inflation in 2021 and/or 2023. It was therefore not fixed or bought out.

Are you eligible for a refund?

The Municipality of Amsterdam has opened a portal (https://www.amsterdam.nl/wonen-bouwen-verbouwen/erfpacht/terugbetaling/?vkurl=terugbetalingerfpacht) where leaseholders of rented properties can reclaim the excess ground rent they have paid. The amount of money involved depends on the level of the ground rent. The municipality's tool is particularly suitable for entering one or a few properties. For larger real estate portfolios with multiple rented properties, it is advisable to seek assistance. To do so, you can contact Stien Jelles via jelles@cortendegeer.nl.