Indexation of Service Costs versus WWS Maximum in Delft: The Pitfalls

In Delft, service costs indexation may not fall below the WWS maximum, but landlords in this student city often use it as a loophole. Article 7:892 BW clearly separates the bare rent from service costs, which may be indexed annually based on the CPI (consumer price index). However, Delft landlords sometimes bundle this with rent increases, which is legally invalid, especially in neighbourhoods like Poptahof or around the TU Delft campus. Check the specification: fixed costs such as lift maintenance in high-rise flats versus variable costs like cleaning in student housing. Only CPI adjustment is permitted, not the WWS percentage. Request annual accounts from Delft landlords and compare with CBS inflation figures. Exceedance? Rebut item by item, with reference to local Rent Tribunal rulings. The Rent Tribunal in The Hague examines this separately for Delft cases. Avoid the pitfall by invoicing bare rent and service costs separately, as required in recent Delft rental disputes. In case of abuse: demand rent reduction via the municipality or court. Stay alert for this grey area in Delft, where the high number of students puts pressure on the rental market.