I let out my flat: who receives the notice of meeting, and who pays the charges?

Letting out your unit does not change your position in the condominium: you remain the co-owner, a member of the syndicat de copropriété (the co-owners’ association), and the sole point of contact for the syndic (the managing agent). A few practical consequences follow from that.

You are the one who receives notice, and who votes

Your tenant is not a member of the association and does not vote. The syndic sends notice to the person entered on the list of co-owners that it keeps up to date (article 22 of the Grand Ducal Regulation). Make sure, therefore, that it has your actual correspondence address: if your notices of meeting are sent to the address of the property you have let, you will not receive them.

You may be represented: “Any co-owner may delegate their right to vote to a proxy” (article 19). The Law places no restriction on that choice, and your tenant may in principle be appointed — subject to any restriction in your règlement de copropriété (the condominium regulations), which prevails, or to a conflict of interests. In that situation, a proxy accompanied by voting instructions is markedly preferable.

You are the one who owes the charges to the association

The association claims the charges from the co-owner, never from the tenant. Two relationships, governed by different rules, must therefore be kept apart:

• Co-owner / association: apportionment by share and on the bases set out in the condominium regulations (articles 6 and 7 of the Law).
• Landlord / tenant: what can be recovered from the tenant, and on what terms, is a matter for your lease and for residential tenancy law. That is a different question, and not one we settle here: have your lease checked.

One settled point is nevertheless worth knowing: the holdings of the fonds de travaux (the statutory works fund) do not form part of the invested capital within the meaning of article 3 of the amended Law of 21 September 2006 on residential leases (article 11 bis of the 1975 Law). That has a bearing on how the rent is calculated.

The regulations bind your tenant

The condominium regulations bind the owners and all their successors in title, including tenants and occupiers on any basis whatsoever (article 10.4). Two habits follow from this, and they protect you:

• give the tenant the condominium regulations, or the house rules, when they take possession;
• refer to them expressly in the lease, so that compliance becomes a contractual obligation.

If your tenant causes a nuisance, it is you the syndic will write to: it is for you to bring it to an end.

The information to give the syndic

• your correspondence address and your direct contact details, kept up to date;
• the identity of the occupier, for management and safety purposes (access, call-outs, evacuation);
• any transfer of ownership, or the creation of a right of usufruct, bare ownership, use or residence, which must be notified to the syndic without delay, by the parties or by the notary (article 31 of the Grand Ducal Regulation).

The statement intended for your tenant

Your condominium statement is not a tenant statement: it does not separate what is recoverable from what is not. We can draw up a statement intended for your tenant on the basis of the charges for the financial year; this individual service is invoiced to the co-owner who benefits from it, at the rates voted for your condominium.

A question about your letting

Write to us stating your building, your unit and the nature of your lease. We will tell you what the condominium is claiming from you and on what basis, so that you can draw up your rental statement on an informed footing.

General information on Luxembourg condominium law (the amended Law of 16 May 1975 and the Grand Ducal Regulation of 13 June 1975, in their consolidated version applicable as at 1 August 2023). Your own règlement de copropriété may lay down specific rules, which prevail within the limits set by the law. This content is not legal advice.