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Charges to be paid by the tenant ("leasehold" or "recoverable" charges)

Verified 01 September 2022 - Directorate for Legal and Administrative Information (Prime Minister)

Rental charges (or recoverable charges) are expenses due by the tenant, but initially paid by the landlord. The landlord is reimbursed for these expenses by the tenant. Depending on the type of dwelling lease (mobility or non-mobility lease), the payment of the charges, by the tenant to the owner, can be made either by the payment of provisions for charges with annual adjustment, or by package.

Empty rented housing

Rental charges (or recoverable charges) are expenses initially paid by the owner. The landlord is reimbursed by the tenant.

Example :

  • Recoverable charge: water used by the person cleaning the common areas of the building
  • Non-recoverable charge: electricity used by the tenant in the dwelling (each tenant must subscribe with a distributing company)

Real estate employee (not housed on site) or caretaker/concierge (resident on site)

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Real Estate Employee

The salary paid to the building employee, and the related social security and tax charges, are fully recoverable (100%) by the owner.

But some expenses are not included as recoverable expenses:

  • Salary in kind
  • Interest and profit sharing of the company
  • Retirement allowances and bonuses
  • Redundancy payments
  • Contribution to a mutual fund paid by the employer or by the company committee
  • Participation of the employer in the company Committee
  • Employer participation in construction effort
  • Contribution to occupational medicine

Caretaker or janitor (with an official accommodation)

The wages paid to the caretaker and the related social and tax charges are recoverable by the owner to:

  • 75% of their amount, if the caretaker ensures the cleaning of the common areas and takes the containers out of the garbage,
  • 40% of their amount, if it performs only one of these two tasks.

However, some expenses are not included as recoverable expenses:

  • Salary in kind
  • Interest and profit sharing of the company
  • Retirement allowances and bonuses
  • Redundancy payments
  • Contribution to a mutual fund paid by the employer or by the company committee
  • Participation of the employer in the company Committee
  • Employer participation in construction effort
  • Contribution to occupational medicine
Elevators and lifts

Some expenses related to the elevator can be passed on to the tenant. In particular:

  • Electrical
  • Operation of the aircraft (periodic inspection, cleaning, semi-annual examination of wires, maintenance company record of technical inspections, incidents)
  • Supply of products or small maintenance equipment (rags, greases and oils needed, cabin lighting lamps)
  • Minor repairs to the cab (change of dispatch buttons, door hinges), bearings (mechanical, electrical or pneumatic door closures) and fuses

FYI  

The technical inspection to be carried out every 5 years is not a charge recoverable by the owner.

Cold water, hot water and district heating

Some expenses related to water and heating are recoverable from the tenant, including:

  • Cold and hot water for all occupants
  • Water required for routine maintenance of common areas, including the treatment plant
  • Water required for routine maintenance of outdoor spaces
  • Products necessary for the operation, maintenance and treatment of water
  • Supply of energy whatever its nature
  • Operation of general and individual meters and maintenance of smoke purifiers
  • Seal Leak Repair
Individual installations

With regard to individual installations, the expenditure remaining to be borne by the tenant relates in particular to the following:

  • Heating and hot water production
  • Water distribution in private areas (control of connections, flow rate and temperature adjustment, troubleshooting, replacement of bell seals of flushing)
Internal common areas

The expenses remaining to be borne by the tenant in the common parts of the building concern in particular those concerning the following elements:

  • Electrical
  • Provision of cleaning products (brooms and bags for waste disposal) and disinsectization and disinfection products
  • Maintenance of timer, carpets, garbage empties
  • Repair of cleaners such as vacuum cleaners
  • Maintenance personnel costs
Outdoor spaces

For outdoor spaces, certain expenses are borne by the tenant, including operating and maintenance expenses for the following:

  • Taxiways
  • Parking areas
  • Approaches to green spaces
  • Children's playground equipment
Taxes and fees

The remaining expenses to be borne by the tenant include:

Warning  

in the case of social housing (e.g. low-cost housing), this list may be supplemented by a collective agreement.

The expenses are paid by provisions (regular advances of the same amount) with annual adjustment.

The amount of charges recovered by the owner must be justified.

Provisions and supporting documents

The provisions for monthly charges shall be fixed on the basis of:

  • previous results agreed upon during the previous regularization of charges
  • or, if the dwelling is situated in a condominium, the estimated budget.

Annual regularization and supporting documents

The charges shall be adjusted at least once a year by comparing:

  • the total of the provisions already requested by the landlord from the tenant
  • with the actual expenses incurred by the owner during the year.

If the provisions exceed the actual expenses, the landlord must repay the overpayment to the tenant. Otherwise, the owner requests an add-in.

One month before the annual regularization, the landlord must provide the tenant with the following information:

  • Counting of rental charges by nature of charges (electricity, hot water, cold water, elevator...)
  • Method of distribution among tenants if the dwelling is located in a collective building
  • Information note on the calculation method for heating and hot water production

At the request of the tenant, the owner sends the summary of the charges of the accommodation, by mail or by post.

During the 6 months following the dispatch of the statement, the landlord must keep at the disposal of the tenant all the supporting documents.

FYI  

In the event of difficulties in paying his charges, the tenant can ask the owner for payment periods. If the tenant and the owner have trouble talking to each other, it is possible to call (free of charge) on a conciliator of justice to help them find the best solution together.

Late regularization

The landlord can claim for 3 years the payment of charges or rents, including after the final departure of the tenant from the accommodation.

For example, charges from July 2021 can be claimed by the owner until July 2024.

FYI  

This deadline also applies to the tenant who has paid too much and wants to be reimbursed for the overpayment.

Late regularization of charges is possible regardless of the cause:

  • Forgotten
  • Ignorance
  • Neglect

But the protection litigation judge may refuse a late reminder of charges if it considers that it is unfair, brutal and consequential to a fault of the landlord in the execution of the lease (for example, when the tenant has requested regularization of charges and the landlord has not replied).

Where the adjustment of charges has not been made before the end of calendar year depending on the year in which they become due, the tenant may demand payment over 12 months.

To do this, he must send a letter to the owner by registered mail with acknowledgement of receipt. He can use the following letter template:

Letter to request a delay in paying a significant lease reminder

The landlord can claim for 3 years any outstanding charges or rent owed to him.

This deadline also applies to the tenant who has paid too much and wants to be reimbursed for the overpayment.

For example, a rent (or expense) debt from July 2021 can be claimed until July 2024.

FYI  

if the landlord has not reviewed the rent on the date specified in the lease, he can do so within one year only.

Furnished rented accommodation

Rental charges (or recoverable charges) are expenses initially paid by the owner. The landlord is reimbursed by the tenant.

Example :

  • Recoverable charge: water used by the person cleaning the common areas of the building
  • Non-recoverable charge: electricity used by the tenant in the dwelling (each tenant must subscribe with a distributing company)

Real estate employee (not housed on site) or caretaker/concierge (resident on site)

Répondez aux questions successives et les réponses s’afficheront automatiquement

Real Estate Employee

The salary paid to the building employee, and the related social security and tax charges, are fully recoverable (100%) by the owner.

But some expenses are not included as recoverable expenses:

  • Salary in kind
  • Interest and profit sharing of the company
  • Retirement allowances and bonuses
  • Redundancy payments
  • Contribution to a mutual fund paid by the employer or by the company committee
  • Participation of the employer in the company Committee
  • Employer participation in construction effort
  • Contribution to occupational medicine

Caretaker or janitor (with an official accommodation)

The wages paid to the caretaker and the related social and tax charges are recoverable by the owner to:

  • 75% of their amount, if the caretaker ensures the cleaning of the common areas and takes the containers out of the garbage,
  • 40% of their amount, if it performs only one of these two tasks.

However, some expenses are not included as recoverable expenses:

  • Salary in kind
  • Interest and profit sharing of the company
  • Retirement allowances and bonuses
  • Redundancy payments
  • Contribution to a mutual fund paid by the employer or by the company committee
  • Participation of the employer in the company Committee
  • Employer participation in construction effort
  • Contribution to occupational medicine
Elevators and lifts

Some expenses related to the elevator can be passed on to the tenant. In particular:

  • Electrical
  • Operation of the aircraft (periodic inspection, cleaning, semi-annual examination of wires, maintenance company record of technical inspections, incidents)
  • Supply of products or small maintenance equipment (rags, greases and oils needed, cabin lighting lamps)
  • Minor repairs to the cab (change of dispatch buttons, door hinges), bearings (mechanical, electrical or pneumatic door closures) and fuses

FYI  

The technical inspection to be carried out every 5 years is not a charge recoverable by the owner.

Cold water, hot water and district heating

Some expenses related to water and heating are recoverable from the tenant, including:

  • Cold and hot water for all occupants
  • Water required for routine maintenance of common areas, including the treatment plant
  • Water required for routine maintenance of outdoor spaces
  • Products necessary for the operation, maintenance and treatment of water
  • Supply of energy whatever its nature
  • Operation of general and individual meters and maintenance of smoke purifiers
  • Seal Leak Repair
Individual installations

With regard to individual installations, the expenditure remaining to be borne by the tenant relates in particular to the following:

  • Heating and hot water production
  • Water distribution in private areas (control of connections, flow rate and temperature adjustment, troubleshooting, replacement of bell seals of flushing)
Internal common areas

The expenses remaining to be borne by the tenant in the common parts of the building concern in particular those concerning the following elements:

  • Electrical
  • Provision of cleaning products (brooms and bags for waste disposal) and disinsectization and disinfection products
  • Maintenance of timer, carpets, garbage empties
  • Repair of cleaners such as vacuum cleaners
  • Maintenance personnel costs
Outdoor spaces

For outdoor spaces, certain expenses are borne by the tenant, including operating and maintenance expenses for the following:

  • Taxiways
  • Parking areas
  • Approaches to green spaces
  • Children's playground equipment
Taxes and fees

The remaining expenses to be borne by the tenant include:

The type of lease partly determines how recoverable charges are paid:

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It's a mobility lease

In the case of a mobility lease, the rental charges are paid to the landlord in the form of a lump sum paid simultaneously with the rent.

This is another residential lease

The lease provides for a lump sum payment

The amount of the package must be entered in the lease. It may not be manifestly disproportionate in relation to the amount of charges applied to the previous tenant.

The package may not be supplemented or subsequently adjusted.

Its amount may be revised each year under the same conditions as the main rent.

His payment is made at the same time as the rent. The periodicity is provided for in the lease.

The lease provides for payment by provision (with annual adjustment)

The amount of charges recovered by the owner must be justified.

Provisions and supporting documents

The provisions for monthly charges shall be fixed on the basis of:

  • previous results agreed upon during the previous regularization of charges
  • or, if the dwelling is situated in a condominium, the estimated budget.

Annual regularization and supporting documents

The charges shall be adjusted at least once a year by comparing:

  • the total of the provisions already requested by the landlord from the tenant
  • with the actual expenses incurred by the owner during the year.

If the provisions exceed the actual expenses, the landlord must repay the overpayment to the tenant. Otherwise, the owner requests an add-in.

One month before the annual regularization, the landlord must provide the tenant with the following information:

  • Counting of rental charges by nature of charges (electricity, hot water, cold water, elevator...)
  • Method of distribution among tenants if the dwelling is located in a collective building
  • Information note on the calculation method for heating and hot water production

At the request of the tenant, the owner sends the summary of the charges of the accommodation, by mail or by post.

During the 6 months following the dispatch of the statement, the landlord must keep at the disposal of the tenant all the supporting documents.

FYI  

In the event of difficulties in paying his charges, the tenant can ask the owner for payment periods. If the tenant and the owner have trouble talking to each other, it is possible to call (free of charge) on a conciliator of justice to help them find the best solution together.

Late regularization

The landlord can claim for 3 years the payment of charges or rents, including after the final departure of the tenant from the accommodation.

For example, charges from July 2021 can be claimed by the owner until July 2024.

FYI  

This deadline also applies to the tenant who has paid too much and wants to be reimbursed for the overpayment.

Late regularization of charges is possible regardless of the cause:

  • Forgotten
  • Ignorance
  • Neglect

But the protection litigation judge may refuse a late reminder of charges if it considers that it is unfair, brutal and consequential to a fault of the landlord in the execution of the lease (for example, when the tenant has requested regularization of charges and the landlord has not replied).

Where the adjustment of charges has not been made before the end of calendar year depending on the year in which they become due, the tenant may demand payment over 12 months.

To do this, he must send a letter to the owner by registered mail with acknowledgement of receipt. He can use the following letter template:

Letter to request a delay in paying a significant lease reminder

In the event of difficulties in paying his charges, the tenant can ask the owner for payment periods. If the tenant and the owner have trouble talking to each other, it is possible to call (free of charge) on a conciliator of justice to help them find the best solution together.

The landlord can claim for 3 years any outstanding charges or rent owed to him.

This deadline also applies to the tenant who has paid too much and wants to be reimbursed for the overpayment.

For example, a rent (or expense) debt from July 2021 can be claimed until July 2024.

FYI  

if the landlord has not reviewed the rent on the date specified in the lease, he can do so within one year only.

Who can help me?

Find who can answer your questions in your region

  • Telephone administrative information - Allo Public Service

    The informants who answer you belong to the ministry in charge of housing and city planning.

    Cost: free service

    Attention: the service does not have access to users' personal files and therefore cannot provide information on their progress.

    The service is available at the following times:

    • Monday: 8.30am to 5.30pm
    • Tuesday: 8:30 to 12:15
    • Wednesday: 8:30 to 12:15
    • Thursday: 8.30am to 5.30pm
    • Friday: 1 p.m. to 4:15 p.m

  • Departmental Agency for Housing Information (Adil)

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