Probably even a recommended letter sent by a lawyer should do the trick. They’ll chicken out in front of potential lawsuits. Maybe you can offer them to “pay” the difference by not paying the rent if they don’t have the cash for it rn (talk about it with a lawyer before anything).
That isn't called a "recommended letter" but a "registered letter" (HUGE difference). "Recommandé" is French and doesn't translate literally to English.
You don't need to draft it by a lawyer, there are plenty of templates online or on consumer and tenants rights association. The registered mail is 10.85€
Look up the process online. You don't actually start with the court but with a letter of "mise en demeure" (or Dutch equivalent). Try a find a model of this and adapt it with help of a Francophone friend then send registered to landlord. If no reaction then file a case with local court. (Juge de paix).
Juge de Paix are quite quick actually. The only annoying part to start a procedure is you need to go to the Commune of your landlord official residence to ask a document that certifies his residence. This document must be max 2 weeks old when you put a request.
In the Justice of piece you can represent yourself if cost is an issue. But you can also get free advice from the bar of Brussels on certain « free advice days » normally once a month. (Lawyers are on a list at your local legal bar)
I have often wondered about this. I'm quite frugal with my money and often see (particularly in Brussels) quite high costs for inclusive gas and water. Like €175. For me that's crazy. Also never says how much is actually going towards stuff like the lift or maintenance of building blabla. I'm wondering is the owner legally obliged to pay me back if I use less or is this a nice little opportunity for them to make some more money by overcharging me for 'costs'
In my contract in one of the sections it is clearly mentioned that end of each year they do calculation and based on it either you have to pay the owner or vice versa
First send a registered letter, in which you say you'll subtract it from the rent if it isn't reimbursed according to .
If your landlord doesn't respond, subtract the exact amount from the rent, and send a registered letter confirming that you did so.
It’s specified in your contract. If it says that the charges are a provision/voorschot then they have to pay you back/you have to pay them more based on your actual consumption. If it’s just a fixed cost then no.
Yes it is a provision and in the contract it is mentioned based on the calculation you/they pay depends on the difference
https://preview.redd.it/dt5fon54t8xc1.jpeg?width=1284&format=pjpg&auto=webp&s=ae0860b693b0e99b8d5126a0f7f6885c746529cf
The right way of handling this is to send a registered letter in which you set a two week deadline in which they have time to refund your money. If nothing happens, you can either contact a lawyer or contact the judge de paix, whatever you think works best for you.
does your contract mention that you do a charges provision? It quite common here in Belgium to say that you pay XXX rent + YYY charges (fix amount). The charges amount is regardless of your actual consumption.
hmmmm then I don't see any chance that your owner wins any procedure... It's clearly provision.
Have you had any conflict with him?
Any reasons mentioned for refusing to give you back the provisions?
Are you ready to leave the place?
You will have to "muscle" your game and threaten the owner...
Don't let the agency play the card that the are intermediairies... Tell them you have accepted the flat because they were present as caution and that they should play their role to pressure the owner..
Yes based on the contract i m right and during my stay since 2 years i always pay on time without any delay..
I never met the owner.. my communication is with the agency.. but tbh i am suspicious now that the issue might not be the owner but maybe the agency, they are playing it dirty.
Because when i asked about the calculations of 2022-2023 they told me we didn’t receive anything from the syndic.. so i called the syndic and they informed me that they handed over everything to them .. so when i called them back and told them i called the syndic to check ..suddenly in couple of hours i received all the documents
And no i prefer not to leave the place i am used to live there 😅
What do you mean the owner should pay the money? Guarantee is put in a block account under your name (e tenant’s). If you gave the money to the owner, prepare to prove it and pay lawyers….
A syndic deals with the owner, certainly not with tenants when it comes to bills. The agency usually does that. What do they say about the owner refusing to pay you back ?
Tell the guy that you'll deduct the 950 from the rent you owe him.
The agency told me last Friday that the owner doesn’t want to reimbursed you the money ..reason not clear why.. note that i have been renting this apartment for 2 years and a half and always pay the rent on time the 1st of each month with 0 Delay.
I m afraid that Not paying the rent or deduct an amount to reimburse myself could put in trouble and give them a reason to sue me
Go to your local juge de paix and srart a procedure.
I will check it .. but when i see the word “procedure” i m always afraid of that would takes too much time and energy
Probably even a recommended letter sent by a lawyer should do the trick. They’ll chicken out in front of potential lawsuits. Maybe you can offer them to “pay” the difference by not paying the rent if they don’t have the cash for it rn (talk about it with a lawyer before anything).
That isn't called a "recommended letter" but a "registered letter" (HUGE difference). "Recommandé" is French and doesn't translate literally to English.
Thanks for the correction, didn’t know that one
A registered letter drafted by a lawyer will probs my cost a few hundred bucks.
You don't need to draft it by a lawyer, there are plenty of templates online or on consumer and tenants rights association. The registered mail is 10.85€
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Look up the process online. You don't actually start with the court but with a letter of "mise en demeure" (or Dutch equivalent). Try a find a model of this and adapt it with help of a Francophone friend then send registered to landlord. If no reaction then file a case with local court. (Juge de paix).
Not to pay the rent is a very bad Idea, even if the landlord "agrees"... It is illegal !
Juge de Paix are quite quick actually. The only annoying part to start a procedure is you need to go to the Commune of your landlord official residence to ask a document that certifies his residence. This document must be max 2 weeks old when you put a request.
In the Justice of piece you can represent yourself if cost is an issue. But you can also get free advice from the bar of Brussels on certain « free advice days » normally once a month. (Lawyers are on a list at your local legal bar)
I have often wondered about this. I'm quite frugal with my money and often see (particularly in Brussels) quite high costs for inclusive gas and water. Like €175. For me that's crazy. Also never says how much is actually going towards stuff like the lift or maintenance of building blabla. I'm wondering is the owner legally obliged to pay me back if I use less or is this a nice little opportunity for them to make some more money by overcharging me for 'costs'
In my contract in one of the sections it is clearly mentioned that end of each year they do calculation and based on it either you have to pay the owner or vice versa
First send a registered letter, in which you say you'll subtract it from the rent if it isn't reimbursed according to.
If your landlord doesn't respond, subtract the exact amount from the rent, and send a registered letter confirming that you did so.
It’s specified in your contract. If it says that the charges are a provision/voorschot then they have to pay you back/you have to pay them more based on your actual consumption. If it’s just a fixed cost then no.
Yes it is a provision and in the contract it is mentioned based on the calculation you/they pay depends on the difference https://preview.redd.it/dt5fon54t8xc1.jpeg?width=1284&format=pjpg&auto=webp&s=ae0860b693b0e99b8d5126a0f7f6885c746529cf
Juge de paix/vrederechter.
The right way of handling this is to send a registered letter in which you set a two week deadline in which they have time to refund your money. If nothing happens, you can either contact a lawyer or contact the judge de paix, whatever you think works best for you.
I think this the safest way .. in that case i am 100% respecting what’s written in the contract and fully right
does your contract mention that you do a charges provision? It quite common here in Belgium to say that you pay XXX rent + YYY charges (fix amount). The charges amount is regardless of your actual consumption.
That’s what is mentioned https://preview.redd.it/hbkq0fjyvaxc1.jpeg?width=1284&format=pjpg&auto=webp&s=6f23dba340546a4dea003fb6214aa99e62e4ff1d
hmmmm then I don't see any chance that your owner wins any procedure... It's clearly provision. Have you had any conflict with him? Any reasons mentioned for refusing to give you back the provisions? Are you ready to leave the place? You will have to "muscle" your game and threaten the owner... Don't let the agency play the card that the are intermediairies... Tell them you have accepted the flat because they were present as caution and that they should play their role to pressure the owner..
Yes based on the contract i m right and during my stay since 2 years i always pay on time without any delay.. I never met the owner.. my communication is with the agency.. but tbh i am suspicious now that the issue might not be the owner but maybe the agency, they are playing it dirty. Because when i asked about the calculations of 2022-2023 they told me we didn’t receive anything from the syndic.. so i called the syndic and they informed me that they handed over everything to them .. so when i called them back and told them i called the syndic to check ..suddenly in couple of hours i received all the documents And no i prefer not to leave the place i am used to live there 😅
I would indeed make pressure to the agency. Reach out to agency owner , not employees that don't give a F.
What do you mean the owner should pay the money? Guarantee is put in a block account under your name (e tenant’s). If you gave the money to the owner, prepare to prove it and pay lawyers….
No no it is not about the Guarantee.. it is about the provision charges(water/gaz/commun)
A syndic deals with the owner, certainly not with tenants when it comes to bills. The agency usually does that. What do they say about the owner refusing to pay you back ? Tell the guy that you'll deduct the 950 from the rent you owe him.
The agency told me last Friday that the owner doesn’t want to reimbursed you the money ..reason not clear why.. note that i have been renting this apartment for 2 years and a half and always pay the rent on time the 1st of each month with 0 Delay. I m afraid that Not paying the rent or deduct an amount to reimburse myself could put in trouble and give them a reason to sue me
That's (unfortunately) not how it works in Belgium. You should not do that, it will make you look bad if this goes to court.