Charges surplus: tenant refund
Service charges overpayment: landlord's obligations, refund deadline, procedure, and tenant's remedies in Belgium.
The obligation to refund the surplus
When service charges are invoiced on account, the landlord must compare the advances paid to the actual charges in the annual statement.
| Situation | Obligation |
|---|---|
| On-account > actual charges | Refund the surplus to the tenant |
| On-account < actual charges | Tenant pays the supplement |
| On-account = actual charges | No adjustment |
| Flat fee charges | No statement (amount is definitive) |
The service charges calculation must be transparent. The tenant has the right to inspect the supporting documents.
Refund procedure
For the landlord
- Draw up the detailed annual statement
- Calculate the balance (on-account paid - actual charges)
- Notify the tenant of the amount to be refunded
- Make the transfer within 30 days
For the tenant
- Verify the statement received
- Request supporting documents if needed
- If surplus: wait for the refund (30 days)
- If not refunded: send a formal notice
Special case: end of lease
At the end of the lease, the final statement must be drawn up promptly. The service charges surplus may be deducted from the rental deposit if both parties agree, or refunded separately.
Tenant’s remedies in case of non-refund
| Step | Action | Deadline |
|---|---|---|
| 1. Informal request | Letter/email to the landlord | Immediate |
| 2. Formal notice | Registered letter with 15-day deadline | After 30 days |
| 3. Conciliation | Justice of the peace (free) | After formal notice |
| 4. Court proceedings | Summons or petition | As a last resort |
[!tip] Practical tip The tenant may offset the surplus against the following month’s rent, but only with the landlord’s written agreement. Without agreement, it is a unilateral deduction which may be challenged.
Best practices
Landlord: refund promptly and document everything. Tenant: check the statement and claim within a reasonable time. A rental management software automates the calculation and refund.
See the guide on service charges and create leases with clear charges conditions.
Frequently asked questions
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Yes, if the on-account payments exceed the actual charges, the landlord must refund the difference. This is a legal obligation under the on-account system. The landlord cannot retain the surplus.
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The law does not set a precise deadline. Case law considers that a refund within 30 days of sending the annual statement is reasonable. Beyond that, the tenant may claim late payment interest.
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Send a formal notice by registered post, then apply to the justice of the peace if the landlord does not respond. The judge will order the refund with interest and legal costs.