Senior & Assisted Living Agreement (Netherlands)
A Netherlands senior and assisted-living agreement separating accommodation from care and support services, with safeguarding, emergency contacts, fees, health-based termination and consumer-protection compliance.
What's included
- Separation of accommodation from care/support services
- Defined scope of care and support
- Safeguarding and welfare provisions
- Next-of-kin / emergency contact details
- Transparent fee and service-charge breakdown
- Termination on health or care-need grounds
- Consumer-protection and complaint routes
- Deposit and data-protection terms
- Signature block including representative
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🇳🇱 Local law notes — Netherlands
Senior and assisted living usually splits into a housing element — often a tenancy under Book 7 BW with full huurbescherming, or an aanleunwoning — and a care element governed by care law. Care may be funded via the Wet langdurige zorg (Wlz) or Wmo with an income-based eigen bijdrage collected by the CAK. Quality and safeguarding are supervised by the Inspectie Gezondheidszorg en Jeugd (IGJ), and residents have complaint and dispute rights under the Wkkgz, with treatment consent governed by the WGBO; unfair consumer-contract terms are void under Dutch consumer law.
Inside the document
1. Parties and Accommodation
This Senior & Assisted Living Agreement is between the Provider and the Resident (and, where relevant, the Resident's legal representative), covering accommodation at the stated address together with the agreed care and support services.
2. Structure — Accommodation and Services
The agreement distinguishes the accommodation element from the care/services element. The housing element may be a residential tenancy under Book 7 BW (e.g. an aanleunwoning) with tenant protection, or accommodation combined with care under long-term-care rules. The Provider states which model applies and how each element may be ended.
3. Scope of Care and Support Services
The care and support provided is set out in a personal care plan (zorgplan) and may include personal care, meals, cleaning, alarm/monitoring and organised activities. Services beyond the plan are chargeable extras. The care plan is reviewed periodically with the Resident and representative.
4. Fees, Service Charges and Funding
The Resident pays the accommodation fee (rent/service charges) and care fees as itemised. Care may be funded privately or through statutory schemes such as the Wet langdurige zorg (Wlz) or Wmo, with any statutory personal contribution (eigen bijdrage) via the CAK stated separately. All fees are transparent and itemised.
5. Safeguarding and Welfare
The Provider follows safeguarding duties to protect residents from abuse and neglect, including staff vetting, incident reporting and, where required, reporting under the domestic-abuse and elder-mistreatment code (Meldcode huiselijk geweld en kindermishandeling). Care must meet the quality standards supervised by the Health and Youth Care Inspectorate (Inspectie Gezondheidszorg en Jeugd / IGJ).
6. Next-of-Kin and Emergency Contacts
The Resident names a next-of-kin, emergency contact and, where appointed, a legal representative (mentor, bewindvoerder or holder of a power of attorney / volmacht). The Provider will contact them in emergencies and involve them in care reviews to the extent the Resident consents.
7. Consent, Capacity and Data Protection
Care is provided with the Resident's informed consent. Where capacity is impaired, the appointed representative acts under Dutch law (WGBO — the medical treatment agreement rules). Health and personal data are processed under the GDPR (AVG) and medical-confidentiality rules, shared only as necessary for care.
8. Deposit and Charges
Where a housing deposit applies to the tenancy element, it is capped at two months' bare rent under the Wet goede verhuurderschap and returned within fourteen days of the accommodation ending, less lawful deductions.
Frequently Asked Questions
Is assisted living accommodation in the Netherlands a tenancy?
It can be. Independent senior housing such as an aanleunwoning is usually a residential tenancy under Book 7 BW with full tenant protection, while intensive care settings funded through the Wet langdurige zorg (Wlz) may combine housing and care under care rules. The agreement should state which element is tenancy and which is care so the resident knows how each can end.
Who regulates the quality of care in Dutch assisted living?
The Health and Youth Care Inspectorate (Inspectie Gezondheidszorg en Jeugd, IGJ) supervises care quality, and the Wkkgz (Care Quality, Complaints and Disputes Act) gives residents a right to complain and to access an independent disputes committee.
What happens if a resident's care needs increase beyond what the provider offers?
The care plan (zorgplan) is reviewed and, if the provider can no longer safely meet the needs, a suitable transfer is arranged through a fair procedure with notice. The housing element keeps its statutory tenant protection and can only be ended on lawful grounds.