Thursday, 16 March 2017

Good news and bad news

The bad news is that the good news does not apply to everyone. 

Unfortunately, this will not apply to you if:
  • you have a Danish ('A9') contract, or
  • your contract was signed before 1 July 2015, or
  • your 'Specific Section' does not list separate fees other than antenna and internet.

If your contract meets any of the criteria above, sorry but we don't have any good news for you yet.

If your contract:
  • is the English type (common before 2017), and
  • was signed on/after 1 July 2015, and
  • lists monthly fees other than antenna and internet (e.g. administration, maintenance, heat, water, electricity, furniture, laundry, tenant membership, printing, etc.)
... then we have good news. If your contract meets all of these criteria, the Housing Foundation has admitted that these fees were charged illegally and is repaying them to tenants. To claim your repayment, email the Housing Foundation at [email protected]. All you need to tell them is your name, leased address and that you would like your illegal fees refunded. They will figure out the rest. If you want to know how much your refund should be, add up all monthly fees except base rent, antenna and internet. Multiply by the number of months, and this will be your refund.

Please do not email or message the Residents' Association about any questions to do with the refund until you have first asked the Housing Foundation. We simply don't have the resources to be able to respond to questions about individual contracts. If you are unsure about your contract, please ask the Housing Foundation first and then contact us if necessary after they respond. Be aware that they are about to receive thousands of emails about this so they might take a while (weeks) to respond.

There is one 'grey area' here which concerns those who rented in the second half of 2015. We are working with the LLO lawyer to understand at what point in time a contract officially comes into effect, and therefore the date from which the English contracts with extra fees became illegal. If you have questions about how this affects you, please do not contact us yet, we're working on it and will make a post with that information as soon as possible. If you want to email someone about it, email the Housing Foundation.

This is all a result of a change in the Danish Rent Act that came into effect on July 1, 2015. From that date onward, a landlord has to use a standard ('A9') contract in order to charge fees beyond the base rent (apparently antenna and internet are allowed). The Housing Foundation continued to charge extra fees on the non-standard (English) contracts; this is against the law and the extra fees now have to be repaid.