Permitted and Non-Permitted Service Charges in Tilburg
Which service charges may the landlord pass on in Tilburg? Discover permitted and prohibited items according to the law, with attention to local rental practices and preventing incorrect settlements.
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Arslan AdvocatenLegal Editorial
2 min leestijd
In Tilburg, not all costs may be passed on to tenants as service charges, especially not in popular neighbourhoods such as Westerlichting or around the Spoorzone. Permitted items include cleaning of stairwells, lift maintenance in flats on Doctor Deelenstraat, insurance of common areas, and garden maintenance in green complexes near Leijpark. According to Article 7:232 of the Dutch Civil Code (BW), these costs must be reasonable and actually incurred, which is strictly enforced in Tilburg by the Huurcommissie. Non-permitted costs include replacement costs for major repairs such as a new central heating boiler, maintenance of the individual rental unit (not shared parts), profit margins, and charges for unused facilities such as an unused parking garage in the city centre. The Supreme Court has confirmed that landlords may not pass on costs they have borne themselves. Check your tenancy agreement for precise descriptions, typical of Tilburg housing associations such as WonenBreburg. In case of doubt: demand a specification with invoices. Excessive costs may lead to repayment via the district court in the Palace of Justice on Gasthuisstraat. In practice, discussions arise over 'reserves' for future maintenance, such as roof repairs in older buildings near Heikant; these are only permitted if contractually stipulated. Local tenants' associations such as the Tilburg Tenants' Union recommend annual checks. For apartment complexes in the city centre, VvE (Homeowners' Association) decisions count, but only actual expenditures. Be alert to double calculation of advance payments, often seen in renovations in Tuinstadwijk. This way, you prevent unnecessary expenses and maintain fair play in the Tilburg rental relationship. (248 words)