Service charges have long been a flexible part of rental agreements for many residential landlords. The rules allowed room for discretion, settlements were made afterward, and disputes usually only arose when a tenant approached the Rent Tribunal. The new law introduced by Minister Mona Keijzer changes this. It was originally intended to take effect on January 1, 2026; however, in December 2025 it became clear that it will most likely come into force on July 1, 2026. The new law introduces more detailed regulation of service charges in rental agreements.
Currently, landlords are allowed to charge service costs for items and services provided in connection with the occupation of residential property (Article 7:237, paragraph 3 of the Dutch Civil Code). The law does not specify exactly which costs these are. The Service Costs Decree does include a list, but it is not exhaustive. This has created room to pass on costs for various amenities, especially in modern housing concepts with shared facilities (for example, fitness rooms).
In practice, however, many of these costs are not legally considered service costs. This often leads to intensive procedures at the Rental Committee. In such procedures, the Rental Committee can currently only review the advance payments for utilities with an individual meter (gas, water, and electricity). For other service costs, such as cleaning and maintenance, this review option does not exist.
The problem is not so much the absence of rules, but their lack of clarity and their dispersion across various regulations. This administrative complexity also creates a lot of uncertainty for landlords.
The new law removes the open standard in Article 7:237, paragraph 3 of the Dutch Civil Code. A fixed, exhaustive list of costs that qualify as service costs will be introduced. As a result, tenants will only have to pay the costs listed in the Service Costs Decree. This removes the possibility for landlords to “include” other costs as service charges. At the introduction, the list of service costs will largely remain the same, but it will be modernized, tightened, and for the first time made exhaustive. For certain categories, an open standard will still be needed, for example regarding movable items, since it is impossible to list all conceivable movable items in a home exhaustively. This open standard ensures there is still room to include service costs for new housing concepts.
The law also establishes that service costs may only consist of actually incurred and reasonable costs (Article 7:259, paragraph 1 of the Dutch Civil Code). Additionally, the Rental Committee will soon be able to review the advance payments for all service costs, not just for utilities with an individual meter. This removes the current uncertainty at the Rental Committee regarding its review authority.
The law also changes the way the Rental Committee operates. It is still common for landlords not to prepare an annual statement, while tenants want the service costs to be reviewed. Currently, the Rental Committee prepares the statement itself, which is time-consuming. Under the new law, the Rental Committee can determine the annual statement based on standard amounts set by ministerial regulation. This determination will be based on the rates included in the current Annex VIII of the Implementation Regulation on Residential Rental Prices. Moreover, collective complaints from multiple tenants will be easier to handle, making structural errors more visible.
The law brings clear changes for both tenants and landlords. For tenants, it means better insight into which costs may be charged as service costs and that they can more easily have incorrect costs reviewed by the Rental Committee, now also for the full advance payment. The removal of the distinction between utilities and other service costs makes the system more transparent and prevents a ruling from covering only part of the costs. In addition, the facilitation of collective disputes makes it easier for tenants to act together. All of this contributes to improved tenant protection.
For landlords, it means that applying service costs becomes simpler and clearer. The exhaustive list provides guidance in determining which costs may be charged, reducing disputes. Landlords can also more easily comply with administrative obligations, as the system becomes more uniform and easier to understand.
With the new law, the legislator sends a clear signal: service costs are intended for actual housing-related expenses and must be transparently presented. Landlords are advised to review their contracts before July 2026. Unsure whether your service costs are applied correctly? We are happy to help you navigate the new rules.
In a future blog, we will discuss the enforcement of the new rules. This will include the role of municipalities, which under the Good Landlordship Act have an enforcement task regarding service costs. Tenants can submit complaints via the designated reporting point. The upcoming legal amendments aim to provide municipalities with an exhaustive and clearly defined list of permitted service costs, so they can more effectively monitor compliance and take targeted action against abuse.
Do you have questions about your rental agreement or recording these arrangements? Our Real Estate team is happy to assist you.
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