Reference-value rent: where the surcharges come from

For older-building flats within the full scope of the Tenancy Act, the reference value for each federal province forms the basis of the permissible principal rent. It is, however, only the starting figure; the rent actually charged results only from surcharges and deductions.

What is disputed

Surcharges may be considered for location, fittings, floor, lift or balcony, deductions for instance for poor state of repair or an unfavourable layout. These items are the most common point of dispute, because they are not set by tariff but have to be justified. A blanket location surcharge with no reference to the actual surroundings rarely withstands review.

Adjustment and indexation

Reference values are adjusted by law. This is to be distinguished from the indexation agreed in the tenancy agreement, which follows its own rules; statutory limits have recently applied here even for existing agreements. Both operate side by side and are regularly conflated.

The route to review

Whether the rent charged is covered can be reviewed in proceedings before the conciliation board, where one has been established, or before the district court. For tenants, review is possible even while the tenancy is ongoing, but the excess must be challenged within three years. For fixed-term tenancies, that period ends no earlier than six months after the tenancy ends or becomes open-ended. For landlords, a cleanly documented calculation of the surcharges is the best preparation for such proceedings.