An all-inclusive rent exists when you pay a single amount without it being clear which part is the basic rent and which part is for additional supplies and services. A monthly payment in which those amounts have in fact been set out separately does not become an all-inclusive price merely because it is paid in one transfer. Where the price is genuinely all-inclusive, splitting it may be necessary.
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Without knowing the basic rent, it is difficult to assess whether the home is too expensive, how a rent increase works out and what advance payment you are making for services. So start with the contract and its annexes, not with the description on your bank statement.
How to recognise a genuine all-inclusive rent
Does the contract say only “rent including energy and furnishings €1,000”, without any breakdown? Then it may be an all-inclusive rent. If it states, for example, €800 basic rent and €200 advance payment, the price has already been split, even if you transfer €1,000 every month.
Keep advertisements and messages from the period when you started renting the home. They can help if the landlord later claims that a breakdown was agreed orally. Also check whether a later overview actually contains an agreement to split the price or merely a unilateral calculation.
A written proposal to split the rent
The Rent Tribunal (Huurcommissie) describes a procedure in which you first send the landlord a written proposal. It sets out a new basic rent and an advance payment for additional costs. Within this procedure, the proposed basic rent must be at least 55 per cent of the all-inclusive price and the advance payment at least 25 per cent. The proposed start date must be at least two months after your letter.
If the landlord does not agree, you must apply to the Huurcommissie within six weeks of the proposed start date in order to use this route. Check the exact conditions on the page splitting an all-inclusive price.
Worked example of a proposal
Suppose the genuinely unsplit monthly price is €1,000. A proposal of €550 basic rent and €250 advance payment uses the minimum percentages mentioned. The total of that proposal is €800. This illustrates the procedural percentages; it is not a general finding that every tenant with a monthly payment of €1,000 is entitled to a €200 reduction.
After all, it must first be established that there really is an all-inclusive price and that you are following the appropriate procedure. The chosen start date and timely submission also matter. Do not unilaterally pay less on the strength of this example alone.
Splitting and the service charge statement are separate steps
An advance payment that has been set is not yet a final annual statement. After the split, it remains important which services are actually provided and which costs can reasonably be passed on. So also check the supporting evidence for energy, furnishings and other items.
For this, read the existing article on service charges and excessive recharging. If you then want the basic rent reviewed, you will need to establish which rent procedure is available for your contract.
Check all the agreements on the price
An all-inclusive price may be apparent from the contract, but annexes, advertisements and messages can also shed light on what the parties agreed. So do not just look for the word “including”. A clearly agreed basic rent with a separate advance payment is something different from one undivided amount for housing and services.
Keep the original documents, even if the landlord later sends a new specification. Ask whether, in his view, that specification reflects an earlier agreement or is a new proposal. That difference matters for the assessment. A spreadsheet produced later does not automatically prove that the same breakdown applied from the first day of the tenancy. Record any earlier oral explanation as precisely as possible, with the date and the people involved.
Which amounts belong in a splitting proposal
State the existing unsplit price, the proposed basic rent, the proposed advance payment for additional costs and the intended start date. Also describe which services were included in the old total amount. This prevents the discussion about splitting from immediately becoming muddled because the landlord argues that certain services must be paid for separately from now on.
Use the current procedural information and, where necessary, the Huurcommissie’s model letter. The percentages of at least 55 per cent basic rent and at least 25 per cent advance payment belong to this specific route. They are not a general calculation rule for adjusting any rent that has already been split. First check that your situation really involves an all-inclusive price and that you are following the correct procedure.
Plan the letter and the application together
Before sending the letter, put the proposed start date and the deadline for applying to the Huurcommissie in your diary. The new date must be at least two months after the letter; the separate procedure must be started in good time within the six-week period after the proposed date. Do not wait until the last day to gather the annexes.
An example of adequate preparation is a letter sent well before the desired first day of a later month, with a check of the response scheduled straight away. Have the exact date calculation checked if a deadline falls around a weekend or public holiday. Negotiations are no reason to assume that the deadline for applying is automatically extended. The Huurcommissie describes the current splitting procedure.
Calculate the consequences per month
With an unsplit price of €1,200, a proposal based on the minimum percentages mentioned produces €660 basic rent and €300 advance payment. The proposed total is then €960. This worked example shows the percentages; it does not in itself determine your legal entitlement or the moment from which you may pay less.
Draw up an overview of the months covered by a valid agreement or decision and of the payments actually made. If a difference has to be repaid, calculate it month by month. Keep the later service charge statement out of this first calculation until it is clear which costs are ultimately owed. Otherwise a difference in the advance payment becomes mixed up with the final statement for an entire calendar year.
An advance payment is not a fixed fee to be spent freely
After the split, the landlord must still provide clarity about the services and costs being charged. Ask which apportionment key is used when several residents share facilities. Check whether amounts for energy, cleaning or furnishings match what has been provided and what supporting evidence is available.
An advance payment may be higher or lower than the eventual costs. Splitting the price therefore does not automatically resolve every service charge dispute. Keep meter readings and specifications from the new start date, so that the subsequent statement can be checked. For further explanation, you can read about service charges that are too high or wrongly passed on.
If rent proceedings are already under way
The Huurcommissie states that an all-inclusive price can be split within ongoing appropriate proceedings concerning the initial rent or a rent reduction based on points. A separate application is then not always necessary. Check which procedure has actually been started and what its subject is before you submit a further application.
Send relevant additional documents under the correct case number and keep track of the deadlines you receive. A question about how the price is divided may be connected to the points valuation, but the questions to be examined remain different. The valuation concerns the features of the home; splitting concerns first and foremost the agreed price and the additional services. A clear file shows which part of your objection relates to which question.
Assessing a counterproposal from the landlord
A landlord may offer a different breakdown or send a new contract. Do not compare that proposal only on the new total amount. Also check the start date, the services included, the method of settlement and any changes to the term, deposit or other conditions. Splitting the price need not be a reason to replace the entire tenancy agreement without you noticing.
Ask whether the arrangement settles earlier periods and whether a full and final discharge is required. An attractive monthly price may be less appealing if, without sufficient insight, you give up an existing claim for repayment. Record any agreement in writing, with a clear description of the matters that are and are not being settled. Keep monitoring the procedural deadline for as long as there is no full agreement.
Updating your records after a decision
Read the amounts and the start date that have been set carefully. Then prepare a payment overview and request any repayment in writing. A decision does not automatically result in a transfer to your account. If the landlord does not pay, it will need to be assessed which next step is required; the Huurcommissie does not collect the claim for you.
Also update your own records and check whether the changed rent details are relevant to any schemes you make use of. Do not draw conclusions about a benefit or allowance solely from the new total amount; separate, current conditions apply to that. If a repayment is not forthcoming, see the landlord does not pay after a Huurcommissie decision.
Frequently asked questions about all-inclusive rent
Is rent including gas, water and electricity always all-inclusive
No. If the basic rent and the additional amounts have clearly been agreed separately, the price may already be split.
Can the landlord choose a breakdown himself afterwards
A unilateral overview does not automatically prove that this breakdown already applied. Examine what was agreed and which procedure is required to change it.
Can I still request a split after I have moved out
The separate Huurcommissie procedure is subject to restrictions after the tenancy has ended. Other claims must be assessed separately. So do not wait until you leave before looking into it.
Is an advance payment of 25 per cent always reasonable
The percentage belongs to the splitting procedure. The service charges ultimately owed are not determined by that percentage alone.
Can a high all-inclusive price prove that my tenancy is in the private sector
A total amount in which the basic rent cannot be identified does not in itself provide a reliable classification of the rent regime. The agreed price and the applicable rules must first be examined. So do not rely solely on the amount that leaves your account every month.
Do I have to take out a separate energy contract after the split
Not automatically. Splitting the price does not necessarily mean that the energy supply agreement changes. Check which services remain included and who the supplier is. Record any changes separately, including meter readings and the date on which responsibilities transfer.
Can I have my basic rent assessed on points at the same time
That may be possible, depending on the applicable procedure and deadlines. In certain ongoing rent proceedings, the Huurcommissie already deals with the split within that case. Have the route coordinated, so that no unnecessary duplicate applications are made and important deadlines are not missed.
What if the landlord accepts my proposal orally
Ask for written confirmation of both amounts, the start date and the services included. An oral agreement may later lead to disputes about its exact content. Keep the correspondence and check the first adjusted rent invoice against what was actually agreed.
Help with the splitting proposal
An error in the classification or timing can frustrate the outcome you want. Submit your contract and payment overview to Arslan Advocaten to have the price, the procedure and the next steps assessed.
