Rental law and payment arrangements | Legal aid centre

Questioner

Our rental agreement states that additional charges on the already paid advance payment for electricity for common areas must be invoiced by the landlord within 6 months after the end of the calendar year. In October 2012, we received the additional charge for 2010 and 2011. A total of more than €500. Are we still obliged to pay? There is also a large difference between the advance payment and the actual costs. Various complaints have been filed about lighting that was on during the day. These were not responded to for months. This seems to be one of the causes of the much higher than estimated costs. Due to the failure to reset the automatic lighting, there is also negligence on the part of the landlord, resulting in direct additional costs for the tenants.

Lawyer

It is not, with some exceptions, the case that you no longer have to pay. Another thing is whether the settlement is correct and whether there should not be a deduction for the unnecessary long wait with different adjustment of the lighting. You can start by asking for copies of the underlying invoices.

Questioner

Good idea, thanks! What I am curious about is why the 6-month term is stated in the agreement if there is no penalty for the landlord if he does not adhere to it. Can I ask for a payment arrangement? €500 all at once is a lot of money.

Lawyer

A payment arrangement seems to me no more than reasonable. The case law has determined that this is not a fatal term, but it is a reason to put the landlord in default. And such claims expire after 5 years. Incidentally, the rules for residential property are somewhat different and stricter than for commercial property.