Can my landlord charge service fees?

What does the law say?

Yes, a landlord may charge service charges – but only for services specified in your tenancy agreement and provided that the amount is reasonable. They may not charge for anything that has not been agreed or that they do not actually pay for themselves.

Section 7:237 of the Dutch Civil Code distinguishes between the basic rent and service charges (check this section on wetten.nl for the most up-to-date version). Service charges are fees for utilities – such as gas, water and electricity in communal areas – or for other services, such as cleaning, caretaker costs or an intercom system. They are always separate from the rent itself.

Section 7:259 of the Dutch Civil Code stipulates that, as a tenant, you are only liable for a reasonable amount in respect of service charges (check this section on wetten.nl for the most up-to-date version). Has an amount been agreed in the contract? If so, that applies, unless it is unreasonably high. Do you disagree with the amount? In that case, the Rent Assessment Committee can assess whether the service charges are correct. This applies to both social housing and private sector properties.

In addition to the amount, the landlord also has a duty to be transparent. See the Civil Code, Book 7, for the provisions regarding the annual statement of service charges. The law requires the landlord to provide an itemised statement of the actual costs incurred each year. Did you pay too much? Then they must refund the difference. Did you pay too little? Then they may ask for an additional payment.

When does this apply to you?

Which service charges are permitted?

Service charges are permitted if they are agreed in your tenancy agreement and relate to an actual service or supply. Common examples:

Utilities for communal areas (lift, hall lighting)
Cleaning of communal areas
Costs for a caretaker
Gas, water and electricity if these are billed via the landlord
Service charge for an intercom or access system

Which service charges are NOT permitted?

A landlord may not charge costs that:

are not included in the tenancy agreement,
he does not actually incur himself,
form part of their maintenance obligations as a landlord,
or constitute a disguised rent increase.

Do you pay a fixed monthly amount? In that case, the landlord is obliged to settle this annually based on the actual costs. They may not simply keep the advance payment if the actual costs were lower.

Social housing versus the private sector

The Rent Assessment Committee can review service charges for both social housing and private sector properties. This is a key difference from rent assessments, where the rules vary by sector. So if you have any doubts about your service charges, you can always contact the Rent Assessment Committee, regardless of the type of property.

Step-by-step guide – what can you do now?

Check your tenancy agreement. Are the service charges listed in it? And for which services exactly? The landlord may not charge for service costs that are not included in the contract.
Ask for an itemised statement. Have you not yet received an annual statement? Request one in writing. The landlord is obliged to provide this. In your email, state the address, the tenancy year and the amount you pay monthly.
Compare the advance payment with the actual costs. Are the actual costs lower than what you paid? Then the landlord has overcharged you. Are they higher? Then they may ask for an additional payment – but they must also substantiate this with evidence.
Ask for evidence if in doubt. Do the service charges seem high? Ask the landlord in writing for invoices or receipts. ‘Cleaning costs’ of €150 per month for a five-square-metre hallway are a red flag.
Submit a request to the Rent Assessment Committee. Can’t reach an agreement with the landlord? The Rent Assessment Committee can assess whether your service charges are reasonable. Visit huurcommissie.nl. You’ll pay a small fee – which you’ll get back if the committee rules in your favour.
Consult a solicitor if you have ongoing issues. Is the landlord refusing to provide a statement of account or consistently overcharging? A solicitor can help you enforce a refund through the courts.

Common mistakes

Mistake 1: Paying service charges not included in the contract. Has the landlord sent an invoice for a service not mentioned in your tenancy agreement? Then you do not have to pay it. Always ask for a contractual basis. Is it not included? Lodge a written objection.

Mistake 2: Never asking for an annual statement. Many tenants pay a monthly advance for years without ever seeing a statement. The landlord is obliged to provide a statement. Make a point of asking for it – it could save you money.

Mistake 3: Accepting that ‘costs have risen’ without proof. Is the landlord increasing service charges because ‘everything has become more expensive’? Then ask for invoices. An increase without justification is not automatically valid.

Mistake 4: Thinking you have no protection in the private sector. When it comes to service charges, the Rent Assessment Committee acts as the reviewing body for all tenants – including those in the private sector. Service charges are always assessed against the reasonableness criterion.

Mistake 5: Stopping payment in protest. Never simply pay less or stop paying if you disagree with the service charges. Go to the Rent Assessment Committee. Rent arrears – even if they relate to the service charge portion – can be used by the landlord as grounds for eviction.

Frequently asked questions

What service charges is a landlord allowed to charge?

Only costs for services or supplies that are listed in the tenancy agreement and that the landlord actually incurs. These include utilities for communal areas, cleaning, caretaker costs or an intercom system. He may not pass on costs that he does not incur himself or that have not been agreed.

How do I request a breakdown of my service charges?

Send a written request to your landlord – an email is sufficient. Ask for a detailed breakdown of all service charges for the past year, including invoices or supporting documentation. The landlord is obliged to provide this. If they do not respond, you can take the matter to the Rent Assessment Committee.

Can I get a refund for service charges I have overpaid?

Yes. If the annual statement shows that you paid more than the actual costs, the landlord must refund the difference. If they do not provide a statement or refuse to refund you, the Rent Assessment Committee can compel them to do so.

Can the landlord increase service charges without my consent?

An increase in the advance payment is possible if the actual costs have risen – but the landlord must provide evidence of this. He cannot simply charge more without proof. Always ask for a breakdown and lodge a written objection if the increase is not substantiated.

Can I go to the Rent Assessment Committee if I disagree with my service charges?

Yes. The Rent Assessment Committee reviews service charges for all tenants – in both the social housing sector and the private sector. You can submit a request via huurcommissie.nl. The Rent Assessment Committee assesses whether the charges are reasonable and can require the landlord to refund the excess.

Relevant legislation

Consult the following articles via wetten.nl for the exact and current text:

Section 7:237 of the Dutch Civil Code – definition of rent and service charges for residential accommodation
Article 7:259 of the Dutch Civil Code – reasonableness of service charges and assessment by the Rent Assessment Committee
See also Book 7 of the Dutch Civil Code, section on residential tenancy law, for the provisions regarding the annual settlement of service charges