Court in interlocutory proceedings has ruled in case involving illegal agency fees


The Netherlands Authority for Consumers and Markets (ACM) has taken action against a number of housing rental agencies that still charge lessees unlawful agency fees. By imposing an order subject to periodic penalty payments, ACM wishes to force these agencies to stop these practices. One of the housing rental agencies requested the court to suspend the order by means of a provisional injunction.

In this case, the judge in interlocutory proceedings ruled that, although this agency indeed charged lessees unlawful agency fees, the order should be suspended nonetheless. According to the judge, ACM failed to substantiate sufficiently why action had been taken against this agency, when competing agencies in the same region still charge illegal agency fees, too. The judge has suspended the order that ACM had imposed on this agency until six weeks after ACM will have ruled on objection in this case.

ACM will soon hand down a decision on objection in this case, further substantiating its approach in the housing rental agency cases.