Rent increase for subletting: What are your rights?

Questioner

We are 2 physiotherapists who rent space in a business building. It is subletting. We pay a fixed amount. All inclusive. Our contract states: The compensation is a fixed amount, which amount can be adjusted annually by the landlord in connection with changes in the rates for gas, water and electricity. We've been here for 6 years now and have never had a rent increase. So that's great for us. They have now discovered this and want to claim this back over the last 6 years. Is this allowed? and how high can the increase be? So it is not a commercial property, it is sublease.

Lawyer

The rent can be adjusted according to the contract to increased utility rates. The landlord will therefore have to calculate how high the increase should be. The question is whether this is still possible for all those years. Perhaps this is also arranged in the agreement. If desired, I can help you further with this.

Lawyer

In addition to the above: also keep in mind the possible limitation of a part of the 'recovery'. These types of claims expire five years after the moment of becoming due.