Landlord - Tenant
The apportionment of costs between the landlord and the tenant is not always
very clear. Sometimes landlords see these costs as a way to boost their rental
income. However, there is a fairly clear description of the apportionment of
costs.
The landlord has the costs of ownership of the building and the provision of
services to the tenant, such as: rates, municipal tax on balconies and garages,
management of the apartment block, fees of the building management (syndic),
insurance linked to ownership, purchase or hire of fire extinguishers, other
communal equipment, and the property tax. The tenant bears the costs of the use
of the house or flat: annual inspection of the lift, sewage and household waste
tax, provincial and local taxes, water consumption (based on a meter or the
number of taps), surface water decontamination fee (based on water consumption),
heating oil, gas and electricity, maintenance of the communal areas, and fire
insurance.
The principle is that a lease exists as soon as one person (the landlord,
generally the owner) rents the use of a building or part of a building to
another person (the lessee or tenant) in return for the payment of rent. All
tenants therefore need to have a lease: it does not necessarily have to be in
writing, and it does not need to last for a certain period of time in order for
it be a lease. If there is a lease in writing, read it very carefully and find
out more from other people or from official bodies.
If you do not agree with the apportionment of costs, ask if the contract can
be modified on that point. However, the landlord is usually not bound by law.
Under the law on rent, the landlord is only required to pay the property tax.
Other expenses and charges must always be dissociated from the rent and
indicated in a separate account.
Ask the landlord and preferably also a number of other tenants in the
same building about the previous years costs. If you feel these are
unacceptably high, discuss this with the landlord. He may not make a profit on
the costs, nor index the costs together with the rent. However, landlords are
able to get around this by asking for an amount which includes all additional
costs. The precise amount and the designation of the costs and the scale of
apportionment (in the case of a flat) must be specified in the tenancy
agreement.
Fixed or actual costs?
Separate amounts are charged for the (indexed) rent and for costs. As a rule,
the costs cannot increase, even if the costs actually incurred increase. The
parties cannot unilaterally adjust the expenses and charges. However, the tenant
and the landlord can ask the justice of the peace to review the amount of
fixed-rate charges or to convert this amount into actual charges. The best
method is to calculate the actual charges. You then pay a monthly advance and
there is a final payment.
With such a scheme ask the landlord and other tenants about the amount
charged the previous year to avoid any unpleasant surprise!
Apportionment of costs in an apartment block
If you live in a flat, check how the costs are apportioned between the
residents. Are there separate meters for electricity, water, gas and heating oil
or is the amount split evenly between the number of flats or area let? This last
method is perhaps less appealing if you are absent a lot of the time.
Is the maintenance of the communal areas divided between the number of flats
or is the area of the space let used as a basis?
All these criteria determine the amount you finally pay. Questions and
disputes may be brought before the Justice of the Peace.
The rent guarantee
A rent guarantee is paid to protect the landlord/lady in the event of tenants
failing to fulfil their obligations (damaging the property, for example). Most
contracts stipulate the payment of a rent guarantee, but it is not mandatory by
law and therefore must only be paid if the contract stipulates it.
House prices
Average property prices continued to rise in the first half of 2008, although
the rise was less marked than during the same period in 2007. Building plots
increased in price again, according to data from the Directorate-General for
statistics and economic information of the public federal economic service.
Breaking down the figures by types of accommodation, we can see the following
picture:
- An ordinary house costs 169,972 on average, which is 8.1% higher than
in the first half of 2007
- A villa costs 313,860 on average, up by 5.2% on the same period the
previous year
- An apartment sells for an average of 172,801, which is an increase of
5.5% on the year before
- Building plots cost an average of 87 per square metre, up 9.7%
- Renting a small individual apartment in Brussels can easily cost 600
for a reasonably comfortable place
- For people intending to live in Brussels for a limited time, for work or
other reasons, a better choice of accommodation than hotels or long-term
lets would be furnished apartments, aparthotels or flathotels
Text last edited on: 05/2009
Source: European Union © European Communities, 1995-2009 Reproduction is authorised.
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