Indexation of Service Charges vs. WWS Maximum in Leiden: The Pitfalls

In Leiden, the indexation of service charges may not fall below the WWS maximum, yet many landlords in student cities like Leiden use this as a loophole. Article 7:892 of the Dutch Civil Code (BW) clearly distinguishes between the basic rent and service charges, which may be indexed annually based on the CPI (Consumer Price Index). However, Leiden landlords often bundle this with rent increases, which is legally invalid, particularly in complexes around Leiden University. Verify the specification: fixed costs such as elevator maintenance in apartment buildings on the Zijlsingel versus variable expenses like cleaning in student housing. Only CPI adjustment is permitted, not the WWS percentage. Request annual accounts from the landlord and compare them with CBS inflation figures. Exceeding the limit? Contest it in writing, as seen with excessive cleaning costs in Leiden basement apartments. The Rent Tribunal in The Hague assesses this separately and takes local market conditions into account. Avoid this pitfall by invoicing basic rent and service charges separately, utilizing Leiden’s tenant support teams. In cases of abuse: demand rent reduction via the municipality or the Leiden Tenant Support Team. Remain vigilant regarding this grey area in the thriving rental market around the Rapenburg.