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

Verified 28 September 2020 - Directorate for Legal and Administrative Information (Prime Minister)

Leasehold charges (or recoverable charges) are expenses due by the tenant, but initially paid by the landlord. The landlord gets these expenses reimbursed by the tenant. The exhaustive list of rental charges is fixed by decree. Depending on the nature of the lease (empty or furnished dwelling), the payment of the costs to the landlord by the tenant can be done either by the payment of provisions with annual adjustmentor forfeit..

Empty rental

Leasehold charges (or recoverable charges) are expenses originally paid by the owner. The landlord gets reimbursed by the tenant.

Example :

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

Building worker (not housed on site) or caretaker/concierge (resident on site)

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Real estate employee

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

However, certain expenses are not part of the recoverable expenses:

  • Salary in kind
  • Interest and profit sharing of the company
  • Retirement allowances and premiums
  • Termination allowances
  • Contribution to a mutual taken over by the employer or by the works council
  • Employer participation in the works council
  • Employer participation in the construction effort
  • Contribution to occupational health

Guardian or Concierge (with Executive Accommodation)

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

  • 75% of their amount, if the guard is responsible for cleaning the common areas and pulls out the containers of rubbish,
  • 40 % of their amount, if he performs only one of these 2 tasks.

However, certain expenses are not part of the recoverable expenses:

  • Salary in kind
  • Interest and profit-sharing
  • Retirement allowances and premiums
  • Termination allowances
  • Contribution to a mutual taken over by the employer or by the works council
  • Employer participation in the works council
  • Employer participation in the construction effort
  • Contribution to occupational health
Lifts and freight elevators

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

  • Electricity,
  • Operation of the apparatus (periodic inspection, cleaning, semi-annual examination of the cables, maintenance company record of technical inspections, incidents)
  • Supply of products or small maintenance equipment (rags, greases and oils required, cabin lighting lamps)
  • Minor repairs of the cabin (change of push buttons, door knobs), bearings (firm mechanical, electric or pneumatic doors) and fuses
Cold water, hot water and collective heating

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

  • Cold and hot water for all occupants
  • Water required for the servicing of common areas, including the sewage treatment plant
  • Water required for the routine maintenance of outdoor spaces
  • Products required for water operation, maintenance and treatment
  • Supply of energy of any kind
  • Operation of general and individual meters and maintenance of smoke purifiers
  • Repair of leaks on joints
Individual installations

With regard to individual installations, the costs still to be borne by the tenant include:

  • Heating and hot water production
  • Distribution of water in the private parts (control of connections, flow and temperature control, troubleshooting, replacement of bulkhead joints of water tanks)
Internal common areas

The expenses remaining to be borne by the tenant in the common areas of the building shall relate in particular to the following:

  • Electricity
  • Provision of cleaning products (brooms and bags necessary for waste disposal) and disinsection and disinfection products
  • Maintenance of timer, carpets, garbage
  • Repair of cleaning equipment such as vacuum cleaner
  • Maintenance personnel costs
Outdoor spaces

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

  • Traffic lanes
  • Parking areas
  • Green areas
  • Children's play facilities
Fees and charges

The costs to be borne by the tenant include:

Warning  

in the case of social housing (example: HLM), this list can be supplemented by a collective agreement.

The payment of expenses is made by provisions (regular advances of the same amount) with annual adjustment.

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

Provisions and supporting documents

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

  • prior results of the previous charge adjustment
  • or, if the dwelling is located in a condominium, from the estimated budget.

Annual regularization and supporting documents

The charges must be adjusted at least 1 time per year by comparing:

  • the total provisions already requested by the owner to the tenant
  • with the actual expenditure incurred by the owner during the year.

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

One month before the annual adjustment, the landlord must communicate to the tenant the following information:

  • Rental charges by type of charges (electricity, hot water, cold water, elevator...)
  • Distribution between tenants if the unit is located in a collective building
  • Information note on the calculation of heating and hot water production

On request of the tenant, the owner transmits the summary of the expenses of the accommodation, by mail or mail.

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

If charges have not been adjusted before the end of calendar year depending on the year in which they are due, the tenant may require payment in installments over 12 months.

In the event of difficulties in paying his expenses, the tenant can ask the landlord for payment delays. If the tenant and the landlord have difficulty talking to each other, it is possible to call (free of charge) justice conciliator to help them find the best solution together.

Furnished rental

Leasehold charges (or recoverable charges) are expenses originally paid by the owner. The landlord gets reimbursed by the tenant.

Example :

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

Lifts and freight elevators

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

  • Electricity,
  • Operation of the apparatus (periodic inspection, cleaning, semi-annual examination of the cables, maintenance company record of technical inspections, incidents)
  • Supply of products or small maintenance equipment (rags, greases and oils required, cabin lighting lamps)
  • Minor repairs of the cabin (change of push buttons, door knobs), bearings (firm mechanical, electric or pneumatic doors) and fuses
Cold water, hot water and collective heating

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

  • Cold and hot water for all occupants
  • Water required for the servicing of common areas, including the sewage treatment plant
  • Water required for the routine maintenance of outdoor spaces
  • Products required for water operation, maintenance and treatment
  • Supply of energy of any kind
  • Operation of general and individual meters and maintenance of smoke purifiers
  • Repair of leaks on joints
Individual installations

With regard to individual installations, the costs still to be borne by the tenant include:

  • Heating and hot water production
  • Distribution of water in the private parts (control of connections, flow and temperature control, troubleshooting, replacement of bulkhead joints of water tanks)
Internal common areas

The expenses remaining to be borne by the tenant in the common areas of the building shall relate in particular to the following:

  • Electricity
  • Provision of cleaning products (brooms and bags necessary for waste disposal) and disinsection and disinfection products
  • Maintenance of timer, carpets, garbage
  • Repair of cleaning equipment such as vacuum cleaner
  • Maintenance personnel costs
Outdoor spaces

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

  • Traffic lanes
  • Parking areas
  • Green areas
  • Children's play facilities
Fees and charges

The costs to be borne by the tenant include:

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

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

Provisions and supporting documents

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

  • prior results of the previous charge adjustment
  • or, if the dwelling is located in a condominium, from the estimated budget.

Annual regularization and supporting documents

The charges must be adjusted at least 1 time per year by comparing:

  • the total provisions already requested by the owner to the tenant
  • with the actual expenditure incurred by the owner during the year.

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

One month before the annual adjustment, the landlord must communicate to the tenant the following information:

  • Rental charges by type of charges (electricity, hot water, cold water, elevator...)
  • Distribution between tenants if the unit is located in a collective building
  • Information note on the calculation of heating and hot water production

On request of the tenant, the owner transmits the summary of the expenses of the accommodation, by mail or mail.

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

If charges have not been adjusted before the end of calendar year depending on the year in which they are due, the tenant may require payment in installments over 12 months.

The lease provides for payment by contract

The amount of the package must be recorded in the lease. It cannot be manifestly disproportionate in view of the amount of charges applied to the previous tenant.

The package cannot be supplemented or subsequently adjusted.

The amount can be reviewed annually on the same terms 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 is a mobility lease: package payment

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

In the event of difficulties in paying his expenses, the tenant can ask the landlord for payment delays. If the tenant and the landlord have difficulty talking to each other, it is possible to call (free of charge) justice conciliator to help them find the best solution together.