Late charges regularisation: what to do
Late charges statement in Belgium: tenant's rights, limitation period, consequences for the landlord, and how to regularise.
- 01 The problem
- 02 Tenant's rights
- 03 How to regularise
- 04 Avoid delays
The problem of late regularisation
The annual service charges statement should be sent within a reasonable time (3-6 months after the close). A delay of several years raises legal and practical issues.
| Delay | Consequence |
|---|---|
| 3-6 months | Normal, no issue |
| 6-12 months | Acceptable but the landlord may be criticised |
| 1-2 years | The judge may reduce the supplement |
| 2-5 years | The landlord retains the right but risks sanctions |
| 5+ years | Limitation: the landlord loses the right |
The 5-year limitation applies to service charges just as it does to unpaid rent.
Tenant’s rights when facing late regularisation
The right to challenge
The tenant may:
- Require supporting documents for each item
- Challenge non-recoverable charges included
- Request an instalment plan
- Apply to the justice of the peace if the amount is disputed
Reclassification as flat fee
If the landlord has never sent a statement despite on-account payments received, the judge may reclassify the on-account payments as a flat fee. In that case, no supplement is due: the advances paid are considered the definitive amount.
[!important] Legal point Reclassification as a flat fee is a severe sanction for a negligent landlord. It is imposed when the delay is manifestly abusive and the tenant has been paying on-account amounts for years without a statement.
How to regularise as a landlord
Step by step
- Gather supporting documents for each year
- Calculate actual charges per period
- Compare with on-account payments made
- Send a detailed statement to the tenant
- Propose an instalment plan if the supplement is large
- Refund the surplus if on-account payments exceed charges
Instalment plan
For a large supplement (several years), propose an instalment plan over 6 to 12 months. The tenant will be more inclined to accept without going to court.
Avoid late regularisation
Send the statement every year without fail. A rental management software automatically generates statements and reminds you of deadlines.
See the guide on on-account vs flat fee and create leases with clear charges conditions.
Frequently asked questions
-
The limitation period is 5 years. The landlord can claim a charges supplement within this limit. However, excessive delay in sending the statement may be sanctioned by the judge (reduced amount, interest in favour of the tenant).
-
The tenant can send a formal notice requiring the landlord to provide the statement. If the landlord fails to do so, the tenant can ask the judge to reclassify the on-account payments as a flat fee (meaning no supplement is due).
-
No, unless the limitation period has expired (5 years). However, the tenant can challenge the amount, request supporting documents, and apply to the judge if the statement is inaccurate or if the delay caused harm.