Landlord - Tenant
It is not always clear what costs are met by the tenant and landlord. 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, fee of the building management (syndic), insurance for the 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. This is the principle. If there is only a verbal agreement or if not mentioned in the contract, the landlord must adhere to these principles. You cannot always defend yourself against explicit landlords' costs in the tenancy agreement. Read the tenancy agreement very carefully and ask others for information.
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.
Ask the landlord – and preferably also a number of other tenants in the same building – about the previous year's 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. As a tenant you can at any time request a revision of flat-rate costs and charges or for these to be converted into actual costs and charges.
The fairest method is for the actual costs to be charged. 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.
No rights can be derived from this text.
Text last edited on: 08/2006
Source: European Union
© European Communities, 1995-2007
Reproduction is authorised.
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