Not everything called “free sector” actually is

“Free sector” sounds like a description of the property. It is the outcome of a sum. Since the Affordable Rent Act came in, the number of points from the woningwaarderingsstelsel, the national points system for rented homes, decides which segment a property falls in, and that system looks at floor area, energy label, fittings, outdoor space and the WOZ value, the council's official valuation. Whatever the landlord puts at the top of the advert does not count.

Three segments, two ceilings

As at 1 January 2026, after indexation of 3.65%:

Only in that last band may a landlord charge whatever the market pays. If a property scores 170 points and the advert says €1,400, that is not a keen price but an unlawful one, whatever the advert calls the segment.

Why this goes wrong more often than you would think

The points score is not visible in an advert. A landlord who falls just short has a direct financial interest in everyone assuming nobody checks. And usually nobody does, because most tenants are simply relieved to have found anything at all.

Which is exactly why the law sets a deadline instead of banning it up front: you may have it reviewed afterwards, and the rent then comes down retroactively. See Six months to claim your rent back.

What you can do now

Work out the points score with the rent check: it gives you an indication based on floor area, energy label and fittings, and tells you which segment the property probably falls in. For the official calculation there is the rent check run by the Huurcommissie, the national rent tribunal , and that one is free.