Service Charges in Rijswijk - What Can a Landlord Charge?
Service charges are additional amounts that a landlord may charge on top of the basic rent for supplementary services and facilities. However, not every cost may be passed on as service charges, and landlords are obliged to provide an annual detailed statement.
What Falls Under Service Charges?
Service charges pertain to expenses for services and supplies related to living in a rental property, such as:
- Cleaning of shared spaces
- Electricity for lighting in common areas
- A caretaker or property manager
- Maintenance of elevators or heating systems
- Maintenance of communal gardens
- Glass insurance
Basic Rent versus All-Inclusive Rent
| Type of Rent | Explanation |
|---|---|
| Basic rent | The base price for the property itself |
| Service charges | Additional costs for services and supplies |
| All-inclusive rent | A total amount without itemization |
In the case of all-inclusive rent, the landlord must, upon request, clearly separate the basic rent from the service charges.
Legally Permissible Service Charges
The law specifies which costs may be charged as service charges:
Supplies
- Gas, water, and electricity (if supplied by the landlord)
- Heating and cooling (such as district heating)
- Waste disposal (additional containers)
Services
- Cleaning of shared spaces
- Services of a caretaker or concierge
- Communal internet or antenna facilities
- Maintenance of shared systems
Other Costs
- Administrative costs (limited permission)
- Glass insurance
- Furnishings in communal areas
Costs That Are Not Permitted
The following costs may not be passed on as service charges:
- Repairs to the property itself (landlord's responsibility)
- Property tax (OZB)
- Sewerage charges
- Water board taxes
- Building insurance
- Management costs of the landlord
Annual Specification of Costs
Landlords must provide an overview of the service charges each year:
- Within 6 months after the end of the calendar year
- With a clear itemization of all costs
- With supporting documents (invoices available upon request)
- Including reconciliation of overpaid or underpaid amounts
Right of Inspection
Tenants have the right to inspect the underlying documents and calculations. The landlord must make these accessible.
Filing an Objection in Rijswijk
If you disagree with the service charges, you can:
- File a written protest: Request an explanation and evidence from the landlord
- Engage the Rent Tribunal: Request an assessment (cost: €25)
- Deadline: Within 24 months of receiving the statement
For assistance, you can contact the Legal Counter Rijswijk. In case of disputes, the District Court of The Hague may be involved.
Assessment by the Rent Tribunal
The Rent Tribunal can verify:
- Whether costs are correctly classified as service charges
- Whether the amounts are reasonable
- Whether the distribution among tenants is fair
- Whether the statement was provided on time
Distribution of Costs
The distribution of service charges must be fair and transparent:
| Method of Distribution | When Applicable |
|---|---|
| Equal per dwelling | For identical properties and facilities |
| Based on surface area | For differences in property size |
| Based on consumption | When individual meters are present |
| Based on number of residents | For costs such as water or waste |
Service Charges and Housing Allowance in 2024
When applying for housing allowance, the following are considered:
- The basic rent
- Certain service charges (maximum €48 per month in 2024)
- Not included: costs for gas, water, and electricity
Splitting the All-Inclusive Rent
If you pay an all-inclusive rent without specification, you can:
- Ask the landlord for an itemization
- If refused: request a decision from the Rent Tribunal
- The Rent Tribunal can set the basic rent at 55% of the total amount
Frequently Asked Questions about Service Charges
Can a landlord adjust service charges mid-term?
This is only allowed if costs demonstrably increase and this is well-substantiated. An annual update is standard.
What to do if no statement is provided?
Request the statement in writing. If it is not provided, you can approach the Rent Tribunal.
Do I have to pay for unused services?
If a service is available to all tenants, the landlord may charge costs, even if you do not use it (e.g., an elevator).