Distinguishing Major Repairs from Service Charges in Zoetermeer
Difference between major maintenance (landlord's responsibility) and service charges (tenant's responsibility) in Zoetermeer. Practical assessment with local examples, Rent Tribunal procedures, and objection processes explained.
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Arslan AdvocatenLegal Editorial
2 min leestijd
In Zoetermeer, major repairs do not fall under chargeable service costs but are the responsibility of the landlord (Article 7:206 of the Dutch Civil Code). This includes structural maintenance such as roof replacement in the flats of the Palenstein area, renewal of central heating systems in rental properties around Stadshart, or foundation repairs in older neighbourhoods like Buytenwegh. Costs exceeding €1,000 per intervention are borne by the landlord. Service charges in Zoetermeer are limited to minor maintenance, cleaning of communal areas in complexes such as Driemanskap, and daily management. Landlords, such as the municipality or housing corporations like De Goede Woning, are not permitted to pass on major maintenance costs via service charge items; this is unlawful and frequently identified during inspections by the municipality of Zoetermeer. Tenants can challenge this with the Rent Tribunal, which assesses compliance with the 'good landlord' standard using local guidelines. Evidence can be provided through inspection reports from the municipality or comparative quotes from Zoetermeer contractors. Where the distinction is clear, the landlord bears the costs, and the tenant is not required to pay an advance. Disputes may escalate to the subdistrict court in Zoetermeer, with the risk of a penalty payment. Rental agreements often specify lists of minor versus major maintenance, aligned with the Multi-Year Maintenance Plan (MJOP) of local housing corporations. Check this plan via the [municipality of Zoetermeer's website](https://www.zoetermeer.nl) for scheduled works in your neighbourhood. This helps prevent disputes and high bills, particularly in the numerous rental properties in Seghwaert. For new-build projects such as those in Greenport, a 10-year indivisible maintenance period applies. Tenants with an option to purchase in Zoetermeer sometimes claim partial reimbursement via the local tenants' association. Seek legal advice from the Legal Counter in Zoetermeer if in doubt. This ensures costs are correctly separated, and you only pay your share.