What about the tenant's obligation to contribute to the common expenses?

When concluding a lease agreement, the same question invariably arises: who pays which costs? Are repairs the responsibility of the tenant, or must the landlord intervene? And what about maintenance, common charges, or administrative costs? The Flemish Housing Rental Decree (Vlaams Woninghuurdecreet) has brought more clarity to this since 2019. The decree establishes clear rules on which costs and charges must be borne by the landlord and which are for the account of the tenant. Yet, in practice, questions and misunderstandings still persist. What should you look out for, and what does the housing rental decree provide for in the case of multi-family buildings?

The situation before 1 January 2019
Lease agreements concluded before 1 January 2019 fall under the Federal Housing Rental Act. This act applied the principle of contractual freedom: parties were free to determine which costs were passed on to the tenant. Legally, there were only a few exceptions: for example, the property tax (onroerende voorheffing) and agency brokerage fees could not be charged to the tenant.
If nothing was stated in the contract regarding the allocation of costs, discussions could arise. In such cases, an amicable settlement was the only way out, or otherwise a conciliation procedure before the justice of the peace.

The situation from 1 January 2019 onwards
For lease agreements concluded after 1 January 2019, the Flemish Housing Rental Decree applies. This decree contains a general allocation principle: The landlord pays the costs related to the property rights (zakelijke rechten) of the dwelling, while the tenant pays the costs related to the use of the rented dwelling. Furthermore, the Flemish Housing Rental Decree provides an allocation list of costs and charges for multi-family buildings, specifying which costs may be charged to which party.
This list is non-exhaustive and therefore only clarifies the costs and charges included in it. This list is of mandatory law (dwingend recht). It can only be deviated from in favor of the tenant. For costs and charges not included in the list, the general allocation principle is decisive.
The list works with fixed allocation formulas (flat-rate keys) to prevent complicated calculations.
The non-exhaustive list of costs and charges that can be allocated to the tenant or landlord is structured as follows (see photo).

In practice?
It is important to check when the lease agreement was concluded:
• Lease agreement concluded before 2019: Look at the specific clauses in the contract. In case of ambiguities, consultation is required, or as a last resort, a procedure before the justice of the peace.
• Lease agreement concluded from 2019 onwards: Take the legal allocation rules into account. Check whether the costs are in accordance with the allocation list of the Flemish Housing Rental Decree.

Thanks to the rules of the Flemish Housing Rental Decree, there is more legal certainty for both tenants and landlords, especially during discussions about common charges. Always ensure that your lease agreement is drafted clearly and in detail.

SOURCE: CIB