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Indexation Amt

Question

Hi all ,

Think my question got deleted or did not register properly.

Hi All,

Is a landlord allowed to add Indexation Amt to your rent (Indexation du loyer)after you have given the notice of termination ?
As per my contract Indexation applies every year.Also,after 3 years (which i completed in March 2011) of staying the contract becomes null (implies i think it will follow the 9 year contract pattern) and any issues after that (like house termination etc) will be resolved as per standard Belgian contract laws.

I have already notified my landlord by registered letter (in english)that i would be vacating his apartment on Oct 31st 2011.
The letter must have reached him on Aug 1st 2011.
We had already discussed on phone the termination date and the language to be used in letter. It was okay for him that letter reaches in first week of Aug and the language i use as English.

Yesterday (2nd Aug and not by registered post, think he just dropped it in my box) i received a letter with the request to pay up the rent + indexation amount , starting Aprl 2011 till Oct 2011.

when i interpert that part of the contract into Enlgish it seems to mean,
"the parties agree that the rent is pegged to the index, and on each anniversary of the commencement of the lease, the rent will vary upon the written request of the lessor, by applying the formula." .
Does this not mean he should be giving me the indexation letter in April and not now in Aug ?

Am i on thin water here ?

Thanks for your reponses in advance

From the archives

Your landlord is allowed to index the rent on the anniversary of the start of the contract every year forever.
He may not back-date a claim for indexation more than 3 months.
Registered post is a red herring. It is a convenient way of proving that a letter has been sent and received but has no basis in law unless it is specified in your contract.

Aug 22, 2011 11:36