Renting a house with BKR registration: what are your options?

What is a landlord legally allowed to ask about your BKR registration?

There is a lot of ambiguity about what landlords may and may not investigate when it comes to your financial history. Let's clarify this legal framework so you know exactly where you stand.

First, it is important to know that landlords in the Netherlands do not have direct access to the BKR register.. Unlike banks and lenders, landlords cannot simply request your BKR data. This is stipulated in privacy legislation and confirmed in official parliamentary documents from 2024.

However, landlords are allowed to test your financial reliability. They can do this by:

• Income data and employer statements to be requested
• Commercial credit screenings to be conducted through outside agencies
• Asking you to provide your own BKR statement
• Asking you directly if you have or have had debts

The Good Landlord Act introduced in 2023 requires landlords to have transparent selection procedures. This means they must clearly state the criteria they use when selecting tenants. However, this law does not explicitly prohibit the use of credit information in tenant selection, as long as it is objective and non-discriminatory.

"Many tenants are shocked when a landlord asks about BKR records. Realize that you are not obligated to share this information, but be honest when asked directly. Transparency often works better than trying to hide a financial history."

Deepak - Legal Specialist

Note that there is an important distinction between housing corporations and private landlords. Housing associations often have stricter procedures and usually ask specifically about debts and arrears. Private landlords have more freedom in their selection process and are sometimes more flexible.

Practical strategies to still find rental housing

Don't be discouraged by the obstacles a BKR registration can create. There are several effective strategies that can significantly improve your chances in the rental market.

The most direct approach is to look for landlords who do not run a credit check. These are often:

• Small private landlords who find personal contact and intuition more important
• Landlords working through immediate acquaintances or family members
• Landlords in less popular areas where demand for rental housing is lower

You can also demonstrate your financial reliability in other ways. Consider:

Offer a stable income statement or employer statement that demonstrates that your current financial situation is solid. This can reassure landlords that you can pay the monthly rent without a problem.

Propose a higher security deposit. For example, by offering two or three months' deposit instead of the usual one month, you show that you are serious and financially able to meet your obligations.

Arrange a reliable guarantor. A parent, relative or friend in good financial standing who will guarantee your rent payments can gain the landlord's trust.

Be transparent about your situation. Explain what happened, how your financial situation has improved and why you are now a reliable tenant. Personal contact can work wonders in this regard.

Worried that your BKR registration will continue to haunt you? Then consider seeking legal help to remove your registration. At Dynamite Netherlands, we regularly see that BKR registrations are unjustified or remain too long. When your registration is removed, it significantly increases your chances in the housing market.

Legal protection against housing discrimination

As a home seeker with a BKR registration, it is important to know that you are protected by anti-discrimination laws. While landlords may test financial reliability, they may not discriminate based on personal characteristics.

The Good Landlord Act, in effect since 2023, requires landlords to have transparent and objective selection procedures. This means landlords must:

• must make clear in advance what selection criteria they are using. They cannot just arbitrarily set requirements or add new criteria afterwards.
• Must be able to substantiate their rejections with objective reasons. A rejection based purely on a BKR record, without considering the context and your current financial situation, can be problematic.
• Not allowed to discriminate based on ethnicity, gender, religion or other protected characteristics. If you suspect that your BKR registration is being used as an excuse for discrimination on other grounds, you can challenge it.

Since 2024, there have been municipal housing discrimination hotlines where you can go if you suspect you are being treated unfairly. These agencies can mediate or refer you to legal help.

If you suspect that you are being unfairly rejected because of a BKR registration, there are several steps you can take:

• Ask the landlord for written reasons for the rejection. This forces them to substantiate their decision.
• File a complaint with the landlord themselves, such as through their complaint procedure or with the trade association they belong to.
• Report your situation to the municipal housing discrimination hotline or the Human Rights Board if you suspect discrimination.
• Consider legal action if you strongly suspect wrongful rejection. A lawyer can advise you in this regard.

"Most landlords just want certainty about their rental income. By being proactive yourself and offering alternatives such as a higher deposit or guarantor, you make it easier for them to get over your BKR registration. Be open, but also know that you have rights as a tenant."

Deepak - Legal Specialist

Realize that when the housing market is scarce, landlords often have several candidates to choose from. It is therefore important to be practical and strategic in finding a rental property in addition to your legal knowledge.