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Permitted and Non-Permitted Service Charges in Westland

Which service charges may the landlord pass on in Westland? Discover permitted and prohibited items according to the law, with local examples from greenhouse complexes and prevent incorrect settlements.

2 min leestijd
In Westland, known for its extensive glasshouse horticulture and greenhouse complexes, not all costs may be passed on to tenants as service charges. Permitted items include cleaning of common areas, lift maintenance in apartments around Poeldijk and 's-Gravenzande, insurance for shared facilities, and maintenance of gardens or greenhouse terraces. According to Article 7:232 of the Dutch Civil Code (BW), these costs must be reasonable and actually incurred, which is particularly relevant in Westland due to the high energy costs in glasshouse horticulture areas. Non-permitted costs include replacement costs for major repairs such as a new central heating boiler in a rental property, costs specific to the property itself (not common parts such as bike paths in Monster), profit margins, and charges for unused facilities such as vacant greenhouse spaces. The Supreme Court has ruled that landlords may not pass on costs that they bear themselves, a principle that is applied locally in disputes before the Rent Tribunal in The Hague. Check your lease agreement for an exact description, especially in complexes near the A4. In case of doubt: demand specification with invoices from Westland suppliers. Excessive costs can lead to repayment via the district court in Naaldwijk. In practice in Westland, we see discussions about 'reserves' for future maintenance of greenhouse heating; these are only permitted if contractually agreed. Local tenants' associations such as in Kwintsheul advise an annual review of settlements. In apartment complexes, VvE (Homeowners' Association) decisions count, but only the actual costs – be careful with glasshouse horticulture VvE's. Be alert to double calculation of advance payments for utilities. This way, you prevent unnecessary expenses in this expensive region and maintain fair play in the landlord-tenant relationship. (298 words)