Splitting All-in Rent Price in Westland - Procedure and Consequences
An all-in rent price means that you pay one price without specification of bare rent and service costs. This can be disadvantageous for tenants in Westland, because it is unclear what you are paying for and applying for rent allowance is not possible. You can request your landlord to split the rent price.
What Does an All-in Rent Price Mean?
With an all-in rent price, you pay a fixed amount that includes everything:
- Bare rent (for the dwelling)
- Service costs (such as maintenance and cleaning)
- Sometimes also costs for utilities (water, gas, electricity)
The disadvantage is that you do not know what part goes to the bare rent and what part to other costs.
Why is an All-in Rent Price Disadvantageous?
| Problem | Explanation |
|---|---|
| No rent allowance possible | Only bare rent and specific service costs count towards allowance |
| Lack of transparency | You have no overview of the cost distribution |
| No service costs settlement | You do not receive an annual overview of paid costs |
| Risk of excessively high rent | Without splitting, control is difficult |
Your Right to Splitting in Westland
According to the law (Article 7:258 DCC), you can demand splitting of the rent price:
- Send a written request to your landlord
- The landlord must respond within a reasonable term
- In case of refusal, you can involve the Rent Tribunal
Steps at the Rent Tribunal
- Submit request: File an application with the Rent Tribunal (€25 fee)
- Analysis: The Rent Tribunal determines the bare rent
- Decision: The ruling is binding
- Retroactive effect: Valid from the date of your request
Calculation of the Bare Rent
The Rent Tribunal uses a fixed method:
The remaining 45% is considered service costs.
Example Case
Suppose your all-in rent in Westland is €1,000 per month:
- Bare rent: €1,000 × 55% = €550
- Service costs: €1,000 × 45% = €450
What Happens After Splitting?
Benefits
- Possibility of rent allowance (if bare rent is below the threshold)
- Insight into costs through annual service costs settlement
- Option to have rent price reviewed
- More clarity on your expenses
Possible Drawbacks
- Service costs can be adjusted to actual costs
- Landlord can apply rent increase (within statutory rules)
What to Do After Splitting?
If the rent price has been split, you can in Westland:
- Apply for rent allowance: If bare rent is below the allowance threshold
- Have rent price tested: Within 6 months via the Rent Tribunal
- Check service costs: Request an annual specification
Social Rent or Free Market?
The splitting determines whether your dwelling falls into the social or private sector:
| Bare rent (2024) | Category | Effect |
|---|---|---|
| Maximum €879.66 | Social rent | Falls under points system |
| More than €879.66 | Private sector | No rent price protection* |
*With the Affordable Rent Act, mid-range rent may also be protected.
Practical Example in Westland
A tenant pays €1,200 all-in for a dwelling:
- Tenant requests splitting, landlord does not respond
- Application submitted to Rent Tribunal
- Bare rent established: €1,200 × 55% = €660
- Rent Tribunal reviews rent price: maximum €550 according to RRS
- Rent is reduced to €550 + service costs
- Tenant receives €110 per month back, including retroactive effect
Frequently Asked Questions in Westland
Can I get rent allowance without splitting?
No, the Tax Authorities require a specified bare rent. An all-in rent price is often too high for allowance.
What if my landlord does not want to split?
In case of refusal, you can involve the Rent Tribunal for a binding decision.
Do I get money back for excessively high rent?
Yes, if the Rent Tribunal rules that you paid too much, you will receive the difference back from the date of your application.
Do these rules also apply to private landlords?
Yes, the rules apply to all landlords, including private ones, for dwellings below the liberalisation threshold.
An all-in rent price is often disadvantageous. Request splitting and have your rent price reviewed if you think you are paying too much. For help, you can contact the Legal Desk Westland or submit matters to the District Court of The Hague.