What is the purpose of the new law?
The purpose of the Service Costs Modernization Act is to better protect tenants against landlords who unjustly charge service costs or charge service costs that do not correspond to the actual costs incurred. In addition, the law must clarify which costs may be passed on as service costs.
What will change?
The Service Costs Modernization Act introduces a number of important changes that provide greater clarity for tenants and landlords. The Act contains a clear list of the types of costs that a landlord may pass on as service charges. This exhaustive list provides more clarity about what may or may not be charged as service charges. In addition, the costs must be based on actual costs incurred and the amounts must be reasonable.
In addition, it will be easier for tenants to jointly request a ruling on service costs from the Rent Tribunal. Currently, residents of a residential complex can submit a joint request with at least 50% of the tenants. With the new act, the requirement of 50% of the tenants and the requirement that it must concern a residential complex will be dropped.
The minister may draw up rules on the calculation of service charges and what the maximum amount may be. Finally, the Rent Tribunal will now also be able to rule on the advance payment amount for all service charges, even before the final statement is issued
What service costs may be charged?
- Heating and cooling: including cooling and heating of common areas; but excluding maintenance costs.
- Electricity, gas, and water: including supply for the use of common facilities and administrative costs.
- Movable property: movable property made available in, on, or near the living space and common areas.
- Minor repairs: minor repairs paid for by the tenant but carried out by the landlord.
- Surveillance, security, and waste: security, surveillance, responding to alarms, taking action against nuisance.
- Signal delivery: transmission of radio, TV, internet, or other electronic signals.
- Insurance and fund formation: the landlord arranges glass/contents insurance or a communal fund for tenants’ risks.
- Administrative costs.
For more information, visit the website of the national government and the Woonbond.
Questions?
Do you have questions about this topic or anything else? Feel free to contact us. Or drop by our walk-in consultation hours, every Wednesday from 1:00 p.m. to 3:00 p.m. In addition, we have extra consultation hours until the end of January, every Wednesday from 10:00 a.m. to 12:00 p.m. in the WIJ Oosterpark building. We are happy to help you.
