What are “service costs”?
Many tenants pay monthly service charges in addition to part of the rent. Service charges are all costs that are not directly related to the rent of the living space itself. In other words, costs related to services and facilities provided by the landlord.
In practice, this will largely involve the cost of gas, water and light. Other cost items that we often see are, for example, cleaning costs of common areas, janitorial costs, costs for greenery maintenance, glass cleaning and costs for use of furniture, for example curtains, carpeting and kitchen appliances. This means that there is a monthly advance fee in addition to bare rent, because of these extra services that you, the tenant, purchase.
No profit allowed
Landlords are not allowed to make a profit on service charges. A consequence of this is that the landlord is obliged to provide a total statement of the service costs every year, which shows how the service costs are structured. The statement must therefore clearly state which services you as a tenant have used or consumed, what the total costs were over the past year and, of course, whether the monthly advance payment was sufficient, or whether you will receive money back.
The annual statement
This annual statement must be provided no later than June 30 for the previous calendar year. So the annual statement of service charges for 2024 must be issued by June 30, 2025 at the latest. This way, you can then check whether you have paid too much or too little in service charges.
Doubts about annual statement
So last year’s settlement statement must always be provided no later than June 30. But what if you have doubts about the correctness of the settlement or you do not receive the settlement at all?
In case you have doubts about the annual statement itself, the first step is always to ask your landlord in writing for all documents such as invoices and other documents that can support the accuracy of the annual statement. You have that right as a tenant. Substantiate well which cost items on the annual statement you have doubts about and explain why.
Have you not received the final bill after three weeks, or do you still have doubts about its accuracy after that? Then, as a tenant in the social sector, you can start procedure at the Rent Tribunal.
The Rent Tribunal will then investigate and also request the relevant documents from the landlord. Then the Rent Tribunal will issue a ruling and determine what the amount of the annual statement should be. This ruling is binding, which simply means that the landlord and tenant must abide by the ruling. Please note that if you do not rent in the social sector, but in the middle rental sector or in the free sector, this is only possible if you signed the lease on or after July 1, 2024. This as a result of the new Affordable Rent Act.
Annual statement not received
In case you have not received a final statement at all, the same principle applies. Ask the landlord to send a final statement within three weeks.
If you have not received the final statement from the landlord after three weeks, you can also start a procedure with the Rent Tribunal.
The course of the procedure is then more or less the same. Again, the Rent Tribunal will investigate and request the relevant documents from the landlord. Then the Rent Tribunal will rule and determine what the amount of the annual settlement should be. Please note: if you are not renting in the social sector, but in the middle rental sector or in the free sector, this is only possible if you signed the rental contract on or after July 1, 2024. This is due to the new Affordable Rent Act.
Free sector before July 2024?
Do you rent in the free sector but is your rental contract from before July 1, 2024? Then you can only refer to the Rent Tribunal when the rental contract states that the Rent Tribunal is authorized to advise on disputes. There will be no binding decision, but an advice for tenant and landlord to find a solution together. If you still cannot come to an agreement with the landlord, you will have to take your case to the district court.
Also important
• You only have to pay for those service costs that have been agreed upon in the rental agreement. For example, are there costs on the final statement under the heading ‘janitor’ and this has not been agreed together? Then you don’t have to pay for that either.
• Service costs must be reasonable.
• Are you curious about whether the landlord is allowed to include certain costs on the final statement? Then it is always worth looking in the policy book Service Costs of the Rent Tribunal. This policy book describes in detail which service costs the landlord may charge and in what way.
• At the Rent Support Center, we can initiate and conduct the procedure for you should the need arise. This means that we basically arrange everything, so you don’t have to do anything yourself.
Questions?
Do you doubt the accuracy of the final bill? Or did you not receive it at all? Or do you have other questions about service costs? Feel free to contact us. Or drop by at our walk-in consultancy, every Wednesday from 1:00 pm to 3:00 pm. We’re happy to help.
