Messages de WSP

WSP · Copropriétés forcées

Thanks you both, Grmff and Luc.

Grmff, You are right. It was just not due to fire regulation the building sale has been stopped. Looked like the commune intervened due to unapproved changes inside that apartment.

Will follow both of your suggestions for ensuring compliance..

Thanks a lot!

WSP · Copropriétés forcées

Looks like "reglement des pompiers" can be made by any IPI certified profession syndic.

I am a non-professional syndic for our own apartments, owner of two of three apartment in a small 'maison de'maitre' converted to apartments.

I don't remember ever seeing any 'reglement des pompiers' when we are managed by professional syndic. I know one of our apartments is stuck in sale process as it do not comply with fire safety regulations.

We have a mazhout based install for central heating for all apartments and individual gas boilers, at least 2 in each apartment, for hot water in kitchen & bathroom.

(1) As a Non-professional syndic, what are my responsibilities to ensure our building in fire safety regulations compliant?

(2) Are there any rules we need to follow that gas or mazhout based heating systems inside apartments are maintained once a year or once in two years

(3) Is it a must that we call 'certified gas (or mazhout) installers' for maintaining or repairing gas based (or mazhout) based heating installations? 'certified gas installers' - Are they only needed for new install or even maintaining existing installs? If yes, How to verify if they are 'certified gas (or mazhout) installer

(4) In case of any fire accident, on what circumstances will the building or individual fire insurance per apartment will refuse pay any claim ?

WSP · Locations et baux

grmff a écrit :

You probably think that there is no need to register short term contract because there is no consequence on the short term contract.
But remember that a short term contract will be transmogrified automatically in long term contract at the end of it, if you did not stop it 3 months in advance.

I only assumed the tenant is supposed to send em a notice when she/he doesn't want to renew. Now I know I need to make sure to send a notice myself 3 months in advance in case, at least before end of third year, if I don't want it to end up as long term contract.

Thanks for the pointer. I had been simply overlooking this fact.

WSP · Locations et baux

Thank you Grmff

That puts me in peace of mind. Although, I will do the needful to register the PIM template based contract ASAP, although it is more than 2 months since it has been signed

WSP · Locations et baux

I read an article inxpats.com Stricter rules introduced for for renting out, quoted below:

Renting out guest rooms on a private basis in Brussels will become subject to stricter rules, according to new laws that impose a number of obligations on property owners. Non-compliance with the new rules risks a fine of between €250 and €25,000.
More than 5,000 people are thought to be renting out a room or apartment in Brussels on a private basis, and the numbers are growing every as it is becoming a fashionable way to earn extra money.
The Brussels regional authorities are now requiring those renting out a room to register at their municipality; the extra income has to be reported to the taxman, and they will have to comply with safety standards.
Renting out guest rooms on a private basis in Brussels will become subject to stricter rules, according to new laws that impose a number of obligations on property owners. Non-compliance with the new rules risks a fine of between €250 and €25,000.
More than 5,000 people are thought to be renting out a room or apartment in Brussels on a private basis, and the numbers are growing every as it is becoming a fashionable way to earn extra money.
The Brussels regional authorities are now requiring those renting out a room to register at their municipality; the extra income has to be reported to the taxman, and they will have to comply with safety standards.

I am renting out an apartment on short-term PIMs contract, valid for one year. Being a short-term contract, this contract doesn't need to be registered as well. Just curious I am not running into any non-compliance

(1) Does it affect only Brussels capital region only? Since when are these rules coming into action?
(2) where can we find the original rules of this new/strict rules? French or Dutch?
(3) What does private basis mean? Without a contract between tenant and landlord?
(4) What is the taxation effect on rental income henceforth?
(5) How does the new rules influence with short term-contracts based on PIMs template, valid for one year, renewable max 3 years? This is not even registered with authorities sad

WSP · Ventes et achats

Thank you grmff and D1791. Will approach them and check it out. Worst past was, interest seems more than the capital wink

WSP · Ventes et achats

Good to hear from you! smile

>Your wife is not also owner of the house?
Well, she passed away few months after the purchase, terminal illness.
Her orphaned children, who are living uninterrupted, denounced their inheritance, as they were minor. I ended up the sole owner, only to know later
I won't have a job.

Will take it up with tax authorities , cite all these 'force majeure' and see what
they have to say.

WSP · Ventes et achats

I bought an apartment in 2005, In Brussels capital region, was living there with my family.As a first time buyer, I have got a waiver on registration costs on a condition that I live there for five years.

In the meantime, I lost my job in 2009, 5 months before expiry of 5 year uninterrupted living. I could not find another job in Belgium but found once outside the country.Although I left end of 2009 with out fulfilling the conditions, my family is still living there, my children are studying in local schools.

Tax office asks me now to pay back this waiver within next month. The Condition I could not comply was, I should have been living Brussels for 5 years from the date of purchase
I intend to prove to the authorities that I had to leave the country due to force majeure' , loss of my job in Brussels and I found another job elsewhere

They state:
"- soit de la date de l'enregistrement du document qui donne lieu à la perception du droit d'enregistrement proportionnel, lorsque ce document est présenté à l'enregistrement dans le délai prévu à cet effet;
- soit de la date limite pour la présentation à l'enregistrement, lorsque ce document est présenté à l'enregistrement après l'expiration du délai prévu à cet effet;

c) s'engager à maintenir leur résidence principale dans la Région de Bruxelles-Capitale pendant une durée ininterrompue d'au moins cinq ans à compter de la date de l'établissement de leur résidence principale dans l'immeuble pour lequel la réduction a été obtenue.
"

But looks like, as per:
http://www.notaire.be/acheter-louer-emprunter/droits-denregistrement/en-...

I meet this condition of going though a force majeure :
"Si le non respect de cette condition est la conséquence de la force majeure. l'amende n'est cependant due.

Sauf cas de force majeure, ces mens droits complimentaires majore l'inters legal au taux fix en matière civile sont dus indivisblement par le'

Question now is, I intend to approach tax authorities to waive this fee for the simple reason I have lost my job, force majeure. but still left behind my family
to find a work .

I have written proof from commune , school , Belgian employers termination notice etc.
# Limited restructure notice from my Belgian employer who gave me 12 months notice by Mid 2009 (orally told me I have tow months to find another job)
# composition de menage
# certificate de domicile et de residence avec history" for children proving they are still livig in taht apartment
# certificate from my kids schools proving they are studying in Brussels capital region.

Questions:
(1) Any body has experience this situation? Is there a chance they will waive of this fine?

(2) Should I approach tax office myself or should I approach through a lawyer?

(3) Should I send a registered letter or go in person?

WSP · Divers (hors achat/location)

I am a one of the two owner of a small apartment building in Brussels-capital region. I also happen to be the syndic for the association of co-propriters.. Commune is woluwe-saint-pierre.

We have about (~20 pine??) trees bordering our garden with the neighbours' garden. The trees have grown tall, perhaps, about 10~15 meters.

The neighbours wrote to us a letter few months ago requesting to cut/prune the tree tops. The problem for them is, they don't get enough light or get too much shade due to our trees.

They aslo claim the previous owners did so few years ago, based on their request. We are still waiting for a gardener who can do this for us at an affordable price.

She is reminding us again with another letter, plus copying to the association of co-propriters for a response/action from us. This time, She mildly threatens that she may take further course of action if needed.

The trees are simply growing tall but not spreading out/branching out.

(1) Are we legally obliged to cut it/prune the tree tops if they offend our neighbours?

(2) What are the legal implications if we are unable to cut these trees soon?

(3) Are there any restrictions in our commune as to how tall the border trees can grow?

(4) What are the implications if any of our trees fall to neighbours garden and damage any of their property?

WSP · Copropriétés forcées

Panchito,

Thanks a bunch for your response.

Looks like I was indeed under insured. The new proposal from my current insurance broker values the building as per today's market value (say 450, 000 euro, although sale value per apartment would total more than 600, 000 euro). The premium becomes close to 600 euro in this case.

this is now a "copropriété" having a single roof, as Syndic, you are obliged to take take a single insurance to cover the whole building block.

The property is indeed "copropriété" with a single roof. If what you state above is 100% true as per law, we will continue with a single building insurance, making sure we are not under-insured

WSP · Copropriétés forcées

Wonderful Folks,

I am a honorary syndic for a small "maison d'maitre" converted to three apartments way back in 70s. I own two apartments and my quotie part is, unfortunately, 80%.WE are only two owners.

[color=#004BE0] Current insurance : Incendie risques simples ABEX 690, conditional-risk [/couleur]
Currently, we have one single insurance for the whole building (including three apartments) with AXA ,"'Police: Incendie risques simples(HABITATIOn L'INDICE ABEX 690)" which costs us around 300 euro

On my request to verify if we have sufficient covergae, the agent visited and proposed me to upgrade our insuarnce to a New capital of 450, 000 euro ( ABEX 711), resulting in double the premium

[color=#004BE0] Another Proposal : Incendie risques all-risk ABEX 711 [/couleur]

In parellel, I visited KBC and they suggested separate building insurance for each apartment:

(apartment 1 where landlord lives, owner I):

ABEX 711 *(building all risk, content-multi-risk)* for the apartment where landlord lives .
KBC says their all-risk policy is highly recomemnded by test-achats, as their insurance covers everything, all risk, not conditional; They say *everything is covered* and no conditions are attached. They looked at my current policy and said it is conditional (example, damage claim only possible if there is a storm >80 km hour resulting in roof damage etc)
(apartment 2 which is rented, owner 1):

As tenant already has a tenant liability insurance, proposed an *multi-risk* for building only.
(apartment 3 , owner 2):
second owner takes the insurance themselves for their apartment

As a owner with 80% quotiate part, I am interested in taking building insurance per apartment. Being the syndic, I intend to do by officially calling the second owner for a meeting and recording it in "process verballe" that, effective this date, each owner is responsible for insuring their building on their own.

Although, the second owner is living out of the country, tried to sell his/her apartment 6 months ago through an agent but stuck at "compromise de vente", as the building plan doesn't comply with 'communale/urbanisme' town plan for that apartment.

Do not known if/how/when the sale will happen but apparently, second owner doesn't pay any charges sad
Meantime, through a lawyer, new buyer is chasing II owner to sell at a rock bottom price .

(1) Any suggestions what kind of of insurance we keep for a "maison de maitre" with three apartments from 1970s? ABEX 690 or ABEX 711?

(2) What is the practice? Do you recommend keeping a "single building insurance" for three apartments or breaking it into individual building insurance per apartment?

With only two owners, given the circumstances that II owner doesn't respond to letters or email or don't pay , I want to send registered letters inviting him/her for a 'assemble generale' meeting for changing from "single building insurance" to "each owner takes his/her building insurance model". After the second invitation, as I know she won't attend, as the syndic, we will make a 'process verbale' confirming change of building insurance to per apartment from so and so date.

(3) Making a regulation change for the apartment -on the second 'assemble generale' , if second owner misses both meeting despite informing in all official channels-ageIs this approach *Legally right*?

WSP · Locations et baux

sorry.. cited text got copied many times sad
Please excuse me!

WSP · Locations et baux

Panchito,

I am agreeing to the proposal from the lawyer and intend to send a letter as follows:

I kunderstand we need to be brief and to the point to the lawer so wanted to get your esteemed opiion if the letter cited below will put me in further trouble.

Should I amke it still shiort and concise? Not answering to allegations etc?
I will of course translate this to French before sending

Dear Lawyer!
>En ce qui concerne les frais de chauffage, la société ISTA s’est basée sur les
compteurs relevés du temps du locataire précédent, et a compté une consommation
pour un compteur qui n’existe plus depuis lors (compteur 1496).
There was nobody living in that apartment since March 2011. The first occupant to live there
was your clients since September 2012.
Meter was not lost when ISTA took the reading in 2011. Meter was only lost after your tenat occupied.
In my opinion, your client conveninetly lost it and din't even report to me.
>Ils auraient donc pu avoir un relevé exact, ce qui n’est pas possible en raison de
vos déclarations mensongères.
There are two private meters, one for ground floor and one for first floor and second floor
and a meter in third floor. The water is both garages(ground floor and first floor) are
in private meter for floor II and Floor. Due to practical difficulties , our syndic never calculated the consumtion based on praivate meter.
It is not far to divide 2/7 for your tenants as they were the ones who were taking baths every day
and washing cars. I have recording to prove this. I was out of the country every week, retruning back for weekends
My children only took a shower once in three day. Our billing history can show that water bill for the building just became double only after your clients occupied the apartment
4. En ce qui concerne le poste courrier, pour 12,80€, il est contesté, mes clients
n’ayant pas à supporter vos frais d’envois recommandés
I can show you bunch of emails to which your clients never responded. Paying Rent or common charges also only happended if I politely reminded them by registered letter only
But the whoe purpose of this letter is not to prove who is right and who is wrong.
Conceding to the proposal also doesn't mean I have done anything wromg.
I am happy that your cleints are gone and do not have the time to deal with this anymore
(1) Please ask your tenants to pay:
- the proposed 120,76€ to account 363-5062466-76 (ACP Résidence Eglantines) towards pending charges and
54€ to account , towards damage costs as advised by the expert on exist survey dated
1/7/2012 (proces-verball d'ea des lieux de sortir avec evaluation des degats locatifs
dated 1/7/2012)
(2)Please note I already proposed three dates to your clients in September to unblock the rental guarantee but your clienst did not respond.
I am busy currently and won't be able to meet your clients or go to a bank during a working day.
Since you are representing your clients, please send me the form to de-block the rental guarantee by post.
As letters sent to your clients are bouncing back, I will sign and send it back to you.

Thanking you
Dear Lawyer!
>En ce qui concerne les frais de chauffage, la société ISTA s’est basée sur les
compteurs relevés du temps du locataire précédent, et a compté une consommation
pour un compteur qui n’existe plus depuis lors (compteur 1496).
There was nobody living in that apartment since March 2011. The first occupant to live there
was your clients since September 2012.
Meter was not lost when ISTA took the reading in 2011. Meter was only lost after your tenat occupied.
In my opinion, your client conveninetly lost it and din't even report to me.
>Ils auraient donc pu avoir un relevé exact, ce qui n’est pas possible en raison de
vos déclarations mensongères.
There are two private meters, one for ground floor and one for first floor and second floor
and a meter in third floor. The water is both garages(ground floor and first floor) are
in private meter for floor II and Floor. Due to practical difficulties , our syndic never calculated the consumtion based on praivate meter.
It is not far to divide 2/7 for your tenants as they were the ones who were taking baths every day
and washing cars. I have recording to prove this. I was out of the country every week, retruning back for weekends
My children only took a shower once in three day. Our billing history can show that water bill for the building just became double only after your clients occupied the apartment
4. En ce qui concerne le poste courrier, pour 12,80€, il est contesté, mes clients
n’ayant pas à supporter vos frais d’envois recommandés
I can show you bunch of emails to which your clients never responded. Paying Rent or common charges also only happended if I politely reminded them by registered letter only
But the whoe purpose of this letter is not to prove who is right and who is wrong.
Conceding to the proposal also doesn't mean I have done anything wromg.
I am happy that your cleints are gone and do not have the time to deal with this anymore
(1) Please ask your tenants to pay:
- the proposed 120,76€ to account 363-5062466-76 (ACP Résidence Eglantines) towards pending charges and
54€ to account , towards damage costs as advised by the expert on exist survey dated
1/7/2012 (proces-verball d'ea des lieux de sortir avec evaluation des degats locatifs
dated 1/7/2012)
(2)Please note I already proposed three dates to your clients in September to unblock the rental guarantee but your clienst did not respond.
I am busy currently and won't be able to meet your clients or go to a bank during a working day.
Since you are representing your clients, please send me the form to de-block the rental guarantee by post.
As letters sent to your clients are bouncing back, I will sign and send it back to you.

Thanking you
Dear Lawyer!
>En ce qui concerne les frais de chauffage, la société ISTA s’est basée sur les
compteurs relevés du temps du locataire précédent, et a compté une consommation
pour un compteur qui n’existe plus depuis lors (compteur 1496).
There was nobody living in that apartment since March 2011. The first occupant to live there
was your clients since September 2012.
Meter was not lost when ISTA took the reading in 2011. Meter was only lost after your tenat occupied.
In my opinion, your client conveninetly lost it and din't even report to me.
>Ils auraient donc pu avoir un relevé exact, ce qui n’est pas possible en raison de
vos déclarations mensongères.
There are two private meters, one for ground floor and one for first floor and second floor
and a meter in third floor. The water is both garages(ground floor and first floor) are
in private meter for floor II and Floor. Due to practical difficulties , our syndic never calculated the consumtion based on praivate meter.
It is not far to divide 2/7 for your tenants as they were the ones who were taking baths every day
and washing cars. I have recording to prove this. I was out of the country every week, retruning back for weekends
My children only took a shower once in three day. Our billing history can show that water bill for the building just became double only after your clients occupied the apartment
4. En ce qui concerne le poste courrier, pour 12,80€, il est contesté, mes clients
n’ayant pas à supporter vos frais d’envois recommandés
I can show you bunch of emails to which your clients never responded. Paying Rent or common charges also only happended if I politely reminded them by registered letter only
But the whoe purpose of this letter is not to prove who is right and who is wrong.
Conceding to the proposal also doesn't mean I have done anything wromg.
I am happy that your cleints are gone and do not have the time to deal with this anymore
(1) Please ask your tenants to pay:
- the proposed 120,76€ to account 363-5062466-76 (ACP Résidence Eglantines) towards pending charges and
54€ to account , towards damage costs as advised by the expert on exist survey dated
1/7/2012 (proces-verball d'ea des lieux de sortir avec evaluation des degats locatifs
dated 1/7/2012)
(2)Please note I already proposed three dates to your clients in September to unblock the rental guarantee but your clienst did not respond.
I am busy currently and won't be able to meet your clients or go to a bank during a working day.
Since you are representing your clients, please send me the form to de-block the rental guarantee by post.
As letters sent to your clients are bouncing back, I will sign and send it back to you.

Thanking you
Dear Lawyer!
>En ce qui concerne les frais de chauffage, la société ISTA s’est basée sur les
compteurs relevés du temps du locataire précédent, et a compté une consommation
pour un compteur qui n’existe plus depuis lors (compteur 1496).
There was nobody living in that apartment since March 2011. The first occupant to live there
was your clients since September 2012.
Meter was not lost when ISTA took the reading in 2011. Meter was only lost after your tenat occupied.
In my opinion, your client conveninetly lost it and din't even report to me.
>Ils auraient donc pu avoir un relevé exact, ce qui n’est pas possible en raison de
vos déclarations mensongères.
There are two private meters, one for ground floor and one for first floor and second floor
and a meter in third floor. The water is both garages(ground floor and first floor) are
in private meter for floor II and Floor. Due to practical difficulties , our syndic never calculated the consumtion based on praivate meter.
It is not far to divide 2/7 for your tenants as they were the ones who were taking baths every day
and washing cars. I have recording to prove this. I was out of the country every week, retruning back for weekends
My children only took a shower once in three day. Our billing history can show that water bill for the building just became double only after your clients occupied the apartment
4. En ce qui concerne le poste courrier, pour 12,80€, il est contesté, mes clients
n’ayant pas à supporter vos frais d’envois recommandés
I can show you bunch of emails to which your clients never responded. Paying Rent or common charges also only happended if I politely reminded them by registered letter only
But the whoe purpose of this letter is not to prove who is right and who is wrong.
Conceding to the proposal also doesn't mean I have done anything wromg.
I am happy that your cleints are gone and do not have the time to deal with this anymore
(1) Please ask your tenants to pay:
- the proposed 120,76€ to account xxx towards pending charges and
54€ to account , towards damage costs as advised by the expert on exist survey dated
1/7/2012 (proces-verball d'ea des lieux de sortir avec evaluation des degats locatifs
dated 1/7/2012)
(2)Please note I already proposed three dates to your clients in September to unblock the rental guarantee but your clienst did not respond.
I am busy currently and won't be able to meet your clients or go to a bank during a working day.
Since you are representing your clients, please send me the form to de-block the rental guarantee by post.
As letters sent to your clients are bouncing back, I will sign and send it back to you.

Thanking you

WSP · Locations et baux

Thanks Panchito

Plus as Syndic you are outlaw if you don't have a RC insurance.

I do have RC insurance as an individual. My agent told me there is another type of insurance for private people who happen to be (non-professional) syndics like me. I am chasing them to get me that insurance too

So, does your verdict change since i have an RC insurance as an individual but not the insurance meant for non-professional syndics?

WSP · Locations et baux

My ancient tenants have sent a lawyer notice saying they challenge the accounting expenses submitted.

They were renting my apartment or 10 months and left teh apartment in June 2012 as I wanted the apartment for my own use.

Here is the copy of the letter from their lawyer:
Calling me to concilaition with justice de paix has already happended twoice but I couldn't go to any of them.
So, threatening by law is is not new for my young teants who study law and have lawyer friends at their disposal.

J’ai l’avantage de vous écrire en ma qualité de conseil de Madame X et de
Monsieur Y. Mes clients m’ont remis votre décompte de charges pour la période de leur
occupation.
Plusieurs remarques s’imposent.
1. En ce qui concerne les frais de chauffage, la société ISTA s’est basée sur les
compteurs relevés du temps du locataire précédent, et a compté une consommation
pour un compteur qui n’existe plus depuis lors (compteur 1496).
Cela ressort du document de relevé de compteur dressé par Ista le 29.05.2012 (annexe
1). La consommation afférente à ce compteur inexistant est la plus élevée, soit
36,40, et il convient de la supprimer.
Il y a donc lieu de ne retenir que 66,26 unités au lieu de 102,66 (soit 102,66 –
36,40), et de les multiplier par le prix unitaire. On parvient à un total de 650,95€
(66,26 x 8,94991460+57,93€) au lieu de 976,73€.
Il vous appartient de régler ce problème avec Ista, car leur seul interlocuteur
est le propriétaire, d’après ce qu’ils ont signalé à mes clients.
2.
En ce qui concerne la consommation d’eau, vous leur comptez la somme de 335,53€.
Mes clients souhaitent préalablement relever que vous leur avez indiqué qu’il n’y
avait qu’un seul compteur d’eau pour toute la maison, et que la répartition
devait se faire en fonction des quotes-parts. Or, mes clients ont appris grâce
à l’expert qui a fait l’état des lieux de sortie qu’ils avaient un compteur
privatif.
Ils auraient donc pu avoir un relevé exact, ce qui n’est pas possible en raison de
vos déclarations mensongères.
En outre, mes clients n’ont pas à supporter le coût d’un adoucisseur d’eau, pour
un montant de 305,18€. Il s’agit de frais décidés par le propriétaire, et qui
restent à sa charge.
Vous conviendrez par ailleurs qu’il est totalement abusif de réclamer à mes clients
une consommation d’eau pour 10 mois d’occupation sur base d’un prorata fixé en
fonction de la taille des appartements, alors que vous occupez votre
appartement à cinq personnes, dont trois enfants. Il va de soi que vous avez
consommé au minimum 2 fois plus d’eau que mes clients (bains, douches, machines
à laver le linge, machines à laver la vaisselle, etc.).
Le montant total pour l’eau, déduction faite de l’adoucisseur, est donc de 672,09€
Pour faire bref procès, mes clients seraient disposés à raisonner comme suit. Il
faut tenir compte des frais d’eau, et les répartir de la manière suivante : 4/7
à votre charge, 2/7 à leur charge, et 1/7 à charge du locataire du 2è étage,
qui était seul.
Mes clients devraient donc 192,02€ (soit 672,09€ x 2/7), à ramener sur 10 mois,
soit 160,01€.
3. En ce qui concerne le poste Misc, pour un montant de 166,45€ à charge de mes
clients, il se rapporte à des frais exposés pour l’achat de plantes, et a des
frais bancaires, pour un total de 484,80€. Une fois encore, il ne s’agit pas de
frais à faire supporter aux locataires, et ils sont donc contestés.
4. En ce qui concerne le poste courrier, pour 12,80€, il est contesté, mes clients
n’ayant pas à supporter vos frais d’envois recommandés, en outre totalement
inutiles alors que vous aviez leur adresse mail (moyen de communication
habituel entre vous), et que vous habitiez le même immeuble.
* * *
Pour conclure, mes clients marquent leur accord sur les montants suivants
uniquement :
- 650,95€ à titre de frais de chauffage ;
- 160,01€ à titre de frais d’eau ;
- 146,94 à titre de frais d’électricité ;
- 12,86€ de frais de chauffage pour le hall d’entrée ;
Cela fait un total de 970,76€, dont à déduire les provisions versées à concurrence
de 850€.
Il y a donc un arriéré de 120,76€, qui pourrait être déduit de la garantie locative.
Je vous remercie de me dire dès réception de la présente si nous pouvons en
terminer sur cette base, et signer la libération de la garantie locative ?
A défaut de réponse endéans la quinzaine, j’ai d’ores et déjà pour instruction de
lancer la procédure devant le juge de paix.
La présente vous est adressée sous toutes les réserves généralement quelconques de
fait et ou de droit, et sans aucune reconnaissance préjudiciable.
Je vous prie d’agréer, Cher Monsieur, l’expression de mes sentiments distingués.
Lawyer

Although I am happy I was able to get rid of them, I see I already lost 3 months rent because of them, now I realize I have to loose another month rent as they unwilling to pay what they have consumed.

I am the offcial syndic of this building and I did this accounting based on what official syndics did before

Based on that , Here are my justifications for each point mentioned above

1. heating costs:
===========
ISTA takes meter reading around May every year. Tenat was in apartment snce Sep 20111 and quit June 2012. I gave them verbal option that they can call ISTA if theyw ant to take meter reading before thier occuptaion. They didn't do it. I also have a feeling they have thrown away ISTA calorimeter in one room and it is not me, ISTA who remarked on yer end reporting that

Bitubes Chambr 1496 6.5 36.40==>Radiator supprime==> index minimum

When I asked ISTA what it means, they replied that "« Radiateur Supprimé » means that this specific heater (meter 1496) has been removed and can no longer be checked for consumption (as there isn’t any). However, the meter still does exist and a minimum index needs to be filled in in order for your bill to be correct."

IMHO, I did not remove that meter. I am suspect tenant removed it as they were probably consuming too much from that room.

(2) water consumption
==============
Expert who visited only for teh exist survey doens't know the issue with sub-meter in the buildings.

There are three private meters in teh building with three apartments but is not setup fully correctly.
-Sub-meter 0 deals with consumption for ground floor and front garden
-sub-meter 1 deals with water for two garages , first floor apartment and second floor apartment. One of teh garages belong to ground floor apartment
-sub-meter 2 is inside apartment 2 from second owner and he doesn't always lets people take measurement from them

So, all the professional syndics so far, has been dividing the water based on quotite part for many years. Tenant agreed to pay as per quotie part and signed contract (PIMS contract for 9 years Lease Contract

Questions:
(1) what I do-Should I need to loose this amount of 36 units in that room?
(2) do I need to loose cost for water they used/bth they did every day (although we have been accounting based on quotite part only so far)?
(3) water softner-WE buy one pallet of water softener, 40 bags for the ease of delivery/order as it is economical to pay 40 euro transport for one pallet
(3)Do I need to loose miscellaneous cost-This involves garden maintenance cost which has been shared between all apartments as per act de base.

(4) Should I hire a lawyer to respond, should I go to justice de paix? Or loose that 700 euro and have peace of mind as I have finally got rid of the pain at a cost?

I happen to be the syndic, do not have much time at my disposal. Have a juridique protection insurance not sure they will cover me for dispute between landlord and syndic. I am alos in the process of acquiring an insurance for covering a non-professional syndic like me.
They owe me close 850 euro and rental guarantee for 1600 euro has not been released yet.

Not sure if it is worth spending a few 100 euros to get back 700 euros
(5) Given my situation, what are your thoughts folks?

WSP · Législations régionales

(But where is the chocolate?...)

On it's way lol

WSP · Législations régionales

smile )

IMHO, Belgian chocolates are the best!! Then comes Swiss chocolates
English chocolates? I have heard of them

And I am not English either. It is just that I am proficient with this language, fortunately or unfortunately lol

Thanks for your/forums patience dealing with me!!!

WSP · Législations régionales

Thank you Grmff!!!!

WSP · Législations régionales

I have a mazhout tank in front of house facing the street.It seems to be submerged on the ground that physical inspection is impossible without digging the front garden for, say, I don't know how many feet.

In my case, deposit is less than 3000 ltrs and tank is older than 30 years.
The house is in Brussels-Capital region.

(1) What are the Legal requirements for Mazhout Tank inspection in brussels
Capital region?

(2) IN case of tank inspection, Who shares this cost? Only landlord or tenant?

(3) Any idea how much tank inspection costs in general?

WSP · Locations et baux

Thank You Panchito & Grmff,

That was the statement my tenants told me hwne they wanted me to unblock rental guarentee early in July, when acounting was not done yet, agreeing to pay expert damage fee 54 euro":

"Rental guarantee should not be linked to common charge settlement.
They also said they needed money to lease anew apartment"

But as, a landlord, I was not sure if I would ever be able to pursue after them for pending arrears without something in my hand. The only hold for me was rental guarantee, especially they didn't even leave a forwarding address when they left. They even seem to fought with the expert for charging them 54 euros for not filling the 30 holes they made to put the curtains. Such kind of people are they.

I see no intention at all from them settling common charges, if I have released the guarantee

At the end of the day, They have to pay overdue charges of 800 euro and a bank account for 1650 euro needs to be released by me.

The points I have in my favor if they go to a lawyer/judge are:

(1) They didn't leave me a forwarding address (had to find that from thier conciliation request)
(2) I have registered letter proof showing their absurd payment record, delay in paying rent or common charges. They were not dependable and stick to their commitments as per contract in term s of paying rent or common charges in time

The only point which may be against me are

(a) I had to buy a palette of water softeners (40 bags) during their lease tenure. Reason to buy a palette of 40 bags was to let the delivery happen for an affordable price. In a sense, 20 bags or a palette costs the same for delivery. I am only a honorary syndic , doing it free of cost, saving all of sydnic fee, and I can't bring couple of bags every months for this small apartment complex. WE certainly have to buy and stock it to avoid the hassle of purchasing every month. Last similar purchase was couple of years ago by professional syndics. We can only account this when we purchase it and can not carry forward accounting every year until we exhaust the salt.

(b)Being landlord and syndic, We don't bring external gardeners and pay more than 500 euro for cutting fences like professional syndics did to us before. We bought equipment ourselves and we cut fences/mow the lawn ourselves.

But we also do spend some money once a while to plant some seasons plus perennials like wysteria, grapes, new fence (taxus Baccata)for the front garden etc) , to renovate the garden once we removed a bunch of dead bamboo plants.

I am worried they may dispute here saying it is landlord responsibilities., although we talked about this verbally during contract signing. They wanted to put a cap to 100 euros every year for garden maintenance but I didn't agree to it as it may go beyond if we need to cut overgrown trees at teh back garden.

So,yes, they may dispute to their part from 400 euro per person to say, 350 euro per person. This still can be sorted out amicably if they come for a meeting and not to jump every time opening a conciliation request or Copying a lawyer.

I have done my best and willing to listen and forego with some money fi I need to , provided if I could close this ASAP.

If they want to bring a lawyer to save 50 or 100 bucks for them, let them do

If I do anything wrong from landlord/sydnic perspective, please highlight to me

#1 Re : Copropriétés forcées » Implications of not having 'reglement des pompiers" » 05-02-2014 10:37:27

#2 Copropriétés forcées » Implications of not having 'reglement des pompiers" » 05-02-2014 10:37:27

#3 Re : Locations et baux » Stricter rules introduced for renting out rooms in Brussels? » 14-01-2014 11:33:39

#4 Re : Locations et baux » Stricter rules introduced for renting out rooms in Brussels? » 14-01-2014 11:33:39

#5 Locations et baux » Stricter rules introduced for renting out rooms in Brussels? » 14-01-2014 11:33:39

#6 Re : Ventes et achats » Will 'Bureau de enregistrement' waive off fine? » 13-09-2013 19:39:59

#7 Re : Ventes et achats » Will 'Bureau de enregistrement' waive off fine? » 13-09-2013 19:39:59

#8 Ventes et achats » Will 'Bureau de enregistrement' waive off fine? » 13-09-2013 19:39:59

#9 Divers (hors achat/location) » [BXL, WSP]-Neighbour asking us to prune our border/fence trees » 23-04-2013 17:00:23

#10 Re : Copropriétés forcées » Procedure/recommendation for building insurance change » 06-12-2012 09:56:11

#11 Copropriétés forcées » Procedure/recommendation for building insurance change » 06-12-2012 09:56:11

#12 Re : Locations et baux » My ancient tenants have sent a lawyer notice » 16-10-2012 21:53:34

#13 Re : Locations et baux » My ancient tenants have sent a lawyer notice » 16-10-2012 21:53:34

#14 Re : Locations et baux » My ancient tenants have sent a lawyer notice » 16-10-2012 21:53:34

#15 Locations et baux » My ancient tenants have sent a lawyer notice » 16-10-2012 21:53:34

#16 Re : Législations régionales » Legal requirements for Mazhout Tank inspection in brussels Capital » 19-09-2012 15:31:28

#17 Re : Législations régionales » Legal requirements for Mazhout Tank inspection in brussels Capital » 19-09-2012 15:31:28

#18 Re : Législations régionales » Legal requirements for Mazhout Tank inspection in brussels Capital » 19-09-2012 15:31:28

#19 Législations régionales » Legal requirements for Mazhout Tank inspection in brussels Capital » 19-09-2012 15:31:28

#20 Re : Locations et baux » Tenants not paying common charges-Ask me unblock rental guarantee » 05-09-2012 13:27:39

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