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Charges payable by the tenant (charges "leasehold" or "recoverable")

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

Leasehold expenses (or recoverable charges) are expenses due by the tenant, but initially paid by the owner. The landlord gets these expenses reimbursed by the tenant. The full list of rental expenses is fixed by decree. Depending on the nature of the lease (empty or furnished accommodation), the payment of the expenses to the owner by the tenant can be done either by the payment of provisions for charges with annual settlementor package.

Empty rental

Leasehold expenses (or recoverable charges) are expenses initially 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 on site) or caretaker/concierge (resident on site)

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Real Estate Employee

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

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

  • Salary in kind
  • Interest and participation in company profits
  • Retirement allowances and premiums
  • Termination benefits
  • Contribution to a mutual fund taken over by the employer or the company committee
  • Employer's participation in the company Committee
  • Employer participation in construction effort
  • Occupational health contribution

Guardian or concierge (with office accommodation)

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

  • 75% of their amount, if the guard cleans the common areas and takes out containers of garbage,
  • 40 % of their amount, if it only provides one or the other of these 2 tasks.

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

  • Salary in kind
  • Interest and participation in company profits
  • Retirement allowances and premiums
  • Termination benefits
  • Contribution to a mutual fund taken over by the employer or the company committee
  • Employer's participation in the company Committee
  • Employer participation in construction effort
  • Occupational health contribution
Lifts and lift

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

  • Electricity
  • Operation of the aircraft (periodic inspection, cleaning, semi-annual review of the cables, maintenance company record of technical visits, incidents)
  • Supply of products or small maintenance equipment (rags, greases and oils required, cabin lighting lamps)
  • Minor repairs to the cabin (change of send buttons, door handles), bearings (mechanical, electric or pneumatic door closures) and fuses
Cold water, hot water and collective heating

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

  • Cold and warm water of all occupants
  • Water required for the servicing of common areas, including the sewage treatment plant
  • Water required for the servicing of outdoor spaces
  • Products necessary for the operation, maintenance and treatment of water
  • Supply of energy regardless of its nature
  • Operation of general and individual metres and maintenance of smoke scrubbers
  • Repair of leaks on joints
Individual installations

With regard to individual installations, the costs remaining to the tenant include:

  • Heating and hot water production
  • Water distribution in the private parts (control of connections, flow and temperature control, troubleshooting, replacement of the seals bells of the water tanks)
Internal common areas

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

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

  • Traffic lanes
  • Parking areas
  • Green Area Approaches
  • Children's play facilities
Taxes and fees

The expenses remaining to 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 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:

  • of the previous results decided on the previous adjustment of charges
  • or, if the dwelling is located in a condominium, from the budget estimates.

Annual settlement and supporting documents

Loads shall be adjusted at least 1 time per year by comparing:

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

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

One month prior to the annual settlement, the landlord must provide the tenant with the following information:

  • Rental loads count by nature of charges (electricity, hot water, cold water, lift...)
  • Distribution between tenants if the dwelling is located in a collective building
  • Information note on the calculation of heating and hot water production

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

FYI  

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

Late regularisation

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

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

FYI  

This time limit also applies to the tenant who has paid too many expenses and wants to be reimbursed for the overpayment.

Late adjustment of loads is possible whatever the cause:

  • Forgotten
  • Ignorance
  • Negligence

But protection litigation judge may refuse a late charge reminder if it considers that it is unfair, brutal and consequential to the owner's fault in the execution of the lease (for example, when the tenant has requested the charge regularisation and the owner has not responded).

Where the load adjustment has not been made before the end of calendar year depending on the year in which they are due, the tenant may require a 12-month payment.

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

Letter to request a deadline to pay a large rental expense reminder

The owner can claim for 3 years any outstanding charges or rents due to him.

This time limit also applies to the tenant who has paid too many expenses and wants to be reimbursed for the overpayment.

For example, a debt for rent (or charges) dated July 2021 may be claimed until July 2024.

FYI  

if the landlord has not revised the rent on the date specified in the lease, it can do that within one year.

FYI  

if the landlord has not revised the rent on the date specified in the lease, he or she may do so in the following year only.

Furnished rental

Leasehold expenses (or recoverable charges) are expenses initially 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 lift

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

  • Electricity
  • Operation of the aircraft (periodic inspection, cleaning, semi-annual review of the cables, maintenance company record of technical visits, incidents)
  • Supply of products or small maintenance equipment (rags, greases and oils required, cabin lighting lamps)
  • Minor repairs to the cabin (change of send buttons, door handles), bearings (mechanical, electric or pneumatic door closures) and fuses
Cold water, hot water and collective heating

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

  • Cold and warm water of all occupants
  • Water required for the servicing of common areas, including the sewage treatment plant
  • Water required for the servicing of outdoor spaces
  • Products necessary for the operation, maintenance and treatment of water
  • Supply of energy regardless of its nature
  • Operation of general and individual metres and maintenance of smoke scrubbers
  • Repair of leaks on joints
Individual installations

With regard to individual installations, the costs remaining to the tenant include:

  • Heating and hot water production
  • Water distribution in the private parts (control of connections, flow and temperature control, troubleshooting, replacement of the seals bells of the water tanks)
Internal common areas

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

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

  • Traffic lanes
  • Parking areas
  • Green Area Approaches
  • Children's play facilities
Taxes and fees

The expenses remaining to 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:

  • of the previous results decided on the previous adjustment of charges
  • or, if the dwelling is located in a condominium, from the budget estimates.

Annual settlement and supporting documents

Loads shall be adjusted at least 1 time per year by comparing:

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

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

One month prior to the annual settlement, the landlord must provide the tenant with the following information:

  • Rental loads count by nature of charges (electricity, hot water, cold water, lift...)
  • Distribution between tenants if the dwelling is located in a collective building
  • Information note on the calculation of heating and hot water production

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

FYI  

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

Late regularisation

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

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

FYI  

This time limit also applies to the tenant who has paid too many expenses and wants to be reimbursed for the overpayment.

Late adjustment of loads is possible whatever the cause:

  • Forgotten
  • Ignorance
  • Negligence

But protection litigation judge may refuse a late charge reminder if it considers that it is unfair, brutal and consequential to the owner's fault in the execution of the lease (for example, when the tenant has requested the charge regularisation and the owner has not responded).

Where the load adjustment has not been made before the end of calendar year depending on the year in which they are due, the tenant may require a 12-month payment.

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

Letter to request a deadline to pay a large rental expense reminder

The lease provides for payment by contract

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

The package may not be supplemented or further adjusted.

Its amount can be revised 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 mobility lease, the rental charges are paid to the landlord in the form of a lump sum payment simultaneously to the rent.

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

The owner can claim for 3 years any outstanding charges or rents due to him.

This time limit also applies to the tenant who has paid too many expenses and wants to be reimbursed for the overpayment.

For example, a debt for rent (or charges) dated July 2021 may be claimed until July 2024.

FYI  

if the landlord has not revised the rent on the date specified in the lease, it can do that within one year.

FYI  

if the landlord has not revised the rent on the date specified in the lease, he or she may do so in the following year only.

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