WELCOME OFFICE INTEGRATION, INFORMATION, ADVICE

RENTAL LEASES
DIGEST OF BELGIAN LAW
PRACTICAL TIPS

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Table of contents
FOREWORD ............................................................................................................................ 3
1.

Subject of the lease................................................................................................ 3

2.

Purpose (use) of the premises ........................................................................... 4

3.

Duration Termination ......................................................................................... 5

4.

The rent....................................................................................................................... 6

5.

Index-linked rent increases................................................................................. 7

6.

Tenant's guarantee (deposit) ............................................................................. 8

7.

Rental charges (charges locatives) .................................................................. 9

8.

Inspection/Inventory of fixtures (Etat des lieux) ..................................... 10

9.

Maintenance and repairs .................................................................................... 11

10.

Insurance .................................................................................................................. 12

11.

Modifications to the property ............................................................................ 12

12.

Moving out................................................................................................................ 13

13.

House rules for apartment blocks ................................................................... 13

14.

Disputes with your landlord/-lady................................................................... 14

15.

Registering a lease................................................................................................ 15

16.

Compulsory sale (expropriation) ..................................................................... 16

17.

Useful links............................................................................................................... 16

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FOREWORD
Belgian law in relation to rental matters is rather complex and confused. Very often mandatory, these
dispositions are not codified but spread in many different statutory or regulatory instruments, either
federal, either regional.
The main sources are:
1.

At the federal level

-

2.

Civil code
Law of 20/2/1991, amended on 13/4/1997 and 25/4/2007
Royal Decree of 8/7/1997 (safety, salubrity, security requirements)
Frame-law of 27/12/2006 (compulsory registration by the landlord)
Royal Decree of 4/5/2007 (compulsory annex to the contract)

At the regional level

-

Brussels Housing Code 1

Flemish Housing Code 2
Walloon Housing Code 3

1.

Subject of the lease

1.1.

What is the "Subject"?

-

1.2.

1.3.

1
2
3
4

renting an apartment or a house for residential purposes

under a written contract (written contract mandatory since 2007)
containing all terms and conditions, including a detailed description of the rented
property (cellars, garage, garden, courtyard, attic, etc).

What state was the accommodation in when you moved in?

Fully renovated
in a fit state for its agreed use
if it is to be used as a main residence, the property should meet minimum standards of safety,
health and habitability.

Legal requirements

safety: adequate locks on entrance doors, well-lit entrance hall and stairwell, water-heaters
fitted with fume-extraction flue consistent with applicable safety standards, no dangerous
products used in decoration or construction, safe and well-lit access to cellars and meters,
electrical wiring consistent with applicable standards

health: no vermin, no abnormal damp

habitability: no seepage, rooms that can be aired, windows that open, kitchen equipped with a
sink, drinking water, space for a fridge and a washing machine and room to use an ironing
board, bathroom or shower installed

furnished accommodation: in the Brussels Region, you should also ask the owner to produce the
authorisation from the Housing Department (Service de Logement) of the Brussels-Capital
authorities 4, which is required by law, as well as proof (in the form of an attestation de contrle)
of regular inspections of the individual heating systems (every 2 years), the electrical wiring
(every 5 years), gas fittings and fixtures (every 2 years) and extraction flues for fumes and
smoke (every year).

http://www.codedulogement.be/fr/index.html
http://www.bouwenenwonen.be/goto.cgi?bijlage=1953
http://wallex.wallonie.be/index.php?mod=results&de=themes&idtheme=160&rtheme=Code wallon du
Logement
http://www.codedulogement.be/fr/index.html

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1.4.

Sanctions

Since 31st May 2007, if the rented property does not comply with minimum standards at the
time of taking possession, the tenant shall have the right to apply to the Judge of peace either to seek
the rescission of the contract + damage, either to force the landlord to make necessary improvements to
the property and obtain a reduction or suspension of the rent until such time as these improvements
have been made.
Since 1st September 2004, under the Brussels Housing Code, when the rented property does not
comply with minimum standards, the tenant can require the inspection of the property by the authorities
of the Brussels Region which is empowered to summon the landlord to carry out necessary works within
a deadline and, in default of doing so, to fine the landlord (from 3.000 up to 25.000 ) 5.

Dos and don'ts

DON'T sign a lease on any accommodation that is not up to these standards, or at least not
without deleting all clauses to the effect that "the apartment is in good condition or meets basic
health etc. standards".

DO insist that the owner inserts a clause into the lease listing the improvements that he/she will
make to the accommodation before you move into the premises. If the owner refuses to do so,
look for other accommodation!

DO the following if, when you then move into the premises, the improvements have not been
made or are not finished:

seek legal advice straight away, or

at least - WITHOUT DELAY - serve formal notice (mise en demeure) on the owner by
registered letter, calling on him/her to complete the work by a certain date (e.g. within
2 weeks).

2.

Purpose (use) of the premises

2.1.

Other uses of the premises - assignment and sub-letting

In theory you are not allowed to assign your lease or sub-let the rented premises without the agreement
of the owner.

2.2.

DOS AND DONT'S

DON'T sub-let any property you are renting! Even though the premises will be occupied by
another person, you will still be liable to the owner for any damage caused by that person.

DON'T assign a short lease (e.g. 5 months, for stagiaires) to another person; look for a tenant to
replace you or even terminate the lease early and accept that you have to pay a small amount of
compensation, e.g. 1 month's rent.

Warning! Since 20 February 1991 (loi du 20.2.1991), assignees are no longer jointly bound with
assignors by the conditions in the lease, unless stipulated otherwise by the owner in the
assignment agreement (acte de cession).

DO check all documents thoroughly before signing.

If necessary, seek advice.

http://www.codedulogement.be/fr/index.html

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3.

Duration Termination

3.1.

How long do leases run for?

Leases for property that is to serve as the main residence (in Belgium) of the TENANT are governed by
the law of 20 February 1991, which covers two types of lease:

9-year leases

leases of 3 years or less

Warning!

3.2.

If not concluded in writing, a lease for years or less will automatically be a 9-year leases.
since 31 May 1997, short-term leases may be renewed once only and in writing. If not, they
automatically become 9-year leases.

How can the OWNER terminate your lease?

9-year leases:
o
o
o

at any time if he/she wishes to occupy the premises him/herself (by giving you
6 month's notice)
after 3 or 6 years, to carry out improvements to the premises (by giving you 6
month's notice)
after 3 or 6 years, for no particular reason (by giving you 6 month's notice and
paying you compensation equal to 9 or 6 months of rent.

Note

Since 31 May 1997, if you are given notice to vacate the premises by the owner, you can then
leave giving only 1 month's notice and are not required to pay him/her any compensation.

Leases of 3 years or less:

o

3.3.

The owner cannot terminate the lease and must keep to the agreed term.

How can you as the TENANT terminate the lease?

9-year leases:
o

at any time: you just have to give 3 month's notice and pay the owner
compensation (3 month's rent if you leave in the first year of the lease, 2
month's rent if it is the second year and 1 month's rent in the 3rd year).

Note
Since 31 May 1997, if you are given notice to vacate the premises by the owner, you have to
give only 1 month's notice before leaving and are not required to pay him/her any
compensation.

3-year leases:
o

3.4.

in theory, as the tenant, you cannot terminate the lease before the agreed date
unless you negotiated the insertion of a special clause to this effect when
signing the lease

Can both you and the owner terminate the lease by mutual agreement?
YES, at any time.
However, if you do so, it is vital that you keep written proof of the agreement made with the
owner to terminate the lease, and its conditions.

Warning!

The agreement must state that you are discharged of all obligations towards the owner.

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3.5.

If you or the owner die, does this terminate the lease?

NO

Warning!

Always make sure that the lease stipulates that in the event of your death, it can be terminated
by your successor at three month's notice, with no compensation payable.

3.6.
3.7.

If the building is sold, does this terminate the lease?

NO

GIVING NOTICE
If either you or the owner, for whatever reason, wish to terminate the lease once it expires, you
are LEGALLY REQUIRED TO GIVE NOTICE IN WRITING (usually the contract imposes a registered
letter):

Warning!
-

If you are not the only tenant, the other tenants must also sign the letter of notice.

Similarly, all landlords of the rented property must be given notice individually and
separately (even if they are a married couple living at the same address). If this does
not happen, the notice is void under the law.

By the same token, the owner must serve notice on each tenant individually and
separately.

Warning!
The notice period starts as soon as the letter of notice is delivered, not when it is sent. You
should therefore send your letter of notice at least 5 days before the end of the month. For
example, if your lease expires on 31 December and 3 month's notice is required to terminate it,
the notice period must begin on 1 October. So you should send the letter of notice around 25
September.

4.

The rent

Rent is what you pay for your lease.

Paying rent is your principal obligation as a tenant.
In theory, owners are free to set however much rent they choose.

However...

If a property is being leased continuously to different tenants for periods of three years or less
which are terminated by the owner serving notice, the basic rent for the property is capped
for a period of nine consecutive years at a maximum of the rent chargeable at the
beginning of this period. The only exceptions to this are increases for indexation and
increases in the normal rentable value of the rented property of at least twenty percent due to
changing circumstances, or of at least ten percent due to improvements made to it.

If you are thinking of taking out a three-year lease, check how much rent the previous tenant
was paying. The owner is not entitled to ask you to pay more than this.

Note, however, that if the owner does not meet his/her obligations, for example if they fail to make the
necessary repairs or maintain the property in a fit state, you are not entitled to take the law into
your own hands (e.g. by withholding rent).
Instead, you should seek advice.

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5.

Index-linked rent increases

5.1.

Index linking rent - What does this entail?

Adapting rent every year to take account of increases in the cost of living and inflation.

5.2.

At which intervals can it be done?

Indexation can take place once a year, at the earliest at the anniversary of the date when the contract
came into force.

5.3.

How is the new rent calculated?

According to the following formula:

BASIC RENT X
NEW INDEX
______________________________
ORIGINAL INDEX

Basic rent = the rent agreed in the lease

New index = the index for the month before the month from which the rent is to be adjusted
(but no earlier than the eleventh month of the lease. Currently the indice sant is applied
(see point 17).

Original index = index for the month before the lease was signed (for leases signed after 1
February 1994, this is also a health index).

For example: you signed your lease on 15 June 2008 to commence on 1 July 2008 for an agreed rent of
500. In September 2009, the landlord/-lady wants to increase your rent in line with the index - this
happens as follows:
500 x health index for June 2009 (110,50)
_____________________________________ = 501,36
health index for May 2008 (110,20)
The web site of S.P.F. Economy offers to calculate your indexation on line 6.

5.4.

When do you have to start paying rent at the new amount?

NOT UNTIL THE OWNER SENDS YOU A WRITTEN DEMAND.

The rent is not automatically increased in line with the index (some owners do not bother to apply
indexation).
For leases concluded after 28 February 1991, rent can be index-linked even if this is not specifically
stipulated in the lease.
For those concluded or renewed after 31 May 1997, rent may be index-linked only if the lease was
concluded in writing.

http://economie.fgov.be/fr/statistiques/chiffres/economie/prix_consommation/indexation_loyer/calculateur_loyer
/index.jsp

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5.5.

What exactly do you have to pay?

Owners are entitled to increase your rent by the indexation amount.

They can also require you to pay the difference between the new and old rent amounts for the three
months before their demand.

5.6.

Short lets (e.g. trainees or "stagiaires")

Since trainees generally only take a lease for 5 or 6 months and rent can be increased by indexation only
once a year, they should not be affected by indexation.

6.

Tenant's guarantee (deposit)

Warning

The law has been in respect of rental deposits has been significantly amended in 2007.

6.1.

What is a deposit?

A sum of money pledged as a guarantee to your landlord/-lady as "insurance" against you failing to meet your
obligations as a tenant, e.g. if you fail to pay your rent or cause any damage to the property. Deposits are not
required by law, but owners are entitled to ask for one.

6.2.

Maximum amount

For a property that is to be used as a main residence, only 3 sorts of guarantee are admissible, at the tenants
choice :
-

a blocked bank account open in the tenants name (2 months rent maximum)

a bank guarantee issued by the tenants bank only, equivalent to 3 months rent maximum, payable
by equal monthly instalments over 36 months (or less in case of shorter lease), the bank cannot refuse
for reasons linked to tenants solvency.

a bank guarantee based on a standard contract between a public welfare office and a bank (3 months
maximum). In principle, officials will never be confronted with that one.

At the end of the contract, the guarantee shall be released on basis of a mutual agreement or a court decision.
The judgment shall be enforceable despite any appeal!

6.3.

In which form can I provide the deposit?

-

as a sum of money - however, you should NEVER PAY CASH THE OWNER, but rather
PLACE IT IN A BLOCKED ACCOUNT OPENED IN YOUR NAME.
Landlords/-ladies are forbidden by law from having possession of such money. Your
bank will be able to provide you with the appropriate forms for this.
All interest earned by such sums is payable to YOU.

by handing over securities etc. to the owner. THIS METHOD IS TO BE AVOIDED AT ALL
COSTS!

BANK GUARANTEE (garantie bancaire) - this is a form of security provided by your bank,
to be paid on your behalf if necessary.
ADVANTAGE - you do not have to block any of your own money. All this costs is an
annual fee to cover the bank's administrative costs (+/- 40).

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6.4.

How can I get back my deposit?

NEVER AGREE to a clause allowing the owner to access the deposit without your consent. You should
ensure that your deposit can be released only:
-

in writing by mutual agreement of both parties, once you have met all your obligations
under the lease, i.e. paid the owner everything you owe them (the dcompte final), or

by court order

You are not allowed to regard your deposit as rent and therefore cease paying rent for the last few
months of your occupation.

7.

Rental charges (charges locatives)

7.1

What are the Rental Charges?

Sums you must pay over and above your rent

they consist of costs incurred by the operation and maintenance of the building, as well as
utilities for the occupants (gas, electricity, water, etc.)

they are paid in advance by occupants in the form of monthly "down payments on charges"
(provisions mensuelles pour charges)

normally, at the end of the year, the actual charges (the dcompte total) are calculated once a
year for each occupant, if you have paid too much you will be reimbursed and if you have not
paid enough you will be asked to pay the balance due

Rental charges can either be charged at a flat-rate (often the case with the furnished
accommodation rented by stagiaires) or the actual costs can be worked out and an annual
settlement made, as above.

Warning
The owner must provide you with a detailed statement of charges (dcompte dtaill). All fees and
charges must be shown separately from rent.
The owner must be able to produce the original invoices. If your accommodation is in an apartment
block, they may offer you the possibility of consulting these documents at the home/office of the
person managing the building (the syndic).

DOS AND DON'TS

DO ask the owner to show you the most recent statements of charges (relevs de
charges), e.g. from the previous year, before signing a lease. Rental charges can be
expensive!

DON'T sign any clauses of the type "the charges primarily consist of" ("les charges
comprennent notamment") Instead, insist that all the charges be listed explicitly and
specified in the lease.

Examples

Try to negotiate the following in your lease:

Owner's insurance: do not accept a charge for this unless the lease stipulates that it is a policy
that WAIVES CLAIMS AGAINST THE TENANT ("Abandon de recours"), i.e. it also covers your
risks and liabilities as a tenant.

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IF YOU ARE TAKING A SHORT LET (e.g. stagiaires), INSIST THAT THE POLICY CONTAINS THIS
WAIVER; short-term tenants like stagiaires are often unaware that they are required by law to
have insurance for fire, water damage and third-party liability and that without it they are at risk
of being liable for enormous sums.

Lifts: if you live on the ground floor, you should not normally be required to pay charges for the
lift since you will not be using it.

Management fees (frais de gestion): the managing agent (the syndic) acts as the agent for the
owner, so the fees for his/her services should normally be paid by the owner.
You should INSIST ON THIS, since otherwise owners usually charge these fees to the tenant.

8.

Inspection/Inventory of fixtures (Etat des lieux)

8.1.

What it is ?

8.2.

A description of the rented accommodation and its fittings and fixtures

By law, to be valid, inventory inspections must be detailed and both parties, i.e. tenant and
owner, must be present or represented when it is drawn up

Who can carry out an inventory inspection?

either you and the owner together
or one or two surveyors (experts)
If you cannot agree with the owner on the choice of surveyor, do not sign anything and leave it
up to them to have the matter settled by a justice of the peace (juge de paix).

DOS AND DON'TS

Take care with a surveyor suggested by the owner. It is common for owners to use the same
surveyor on a regular basis, making it unlikely that these surveyors are sufficiently impartial.
http://www.cibex.be/homepage.asp?IDStructure=103
http://www.abex.be

8.3.

8.4.

In writing and in great detail, in the presence of both you and the owner and signed by both you
and him/her, or at least by you.
It is in your interest to have photographs of any obvious damage included in the inventory as
proof.

Inspection on moving into the premises

Before hiring a surveyor, ask for a WRITTEN QUOTE of his/her fees. Never rely on verbal
agreements. Any reference to "standard" or "professional" fee scales is illegal and infringing
community law 7.

To be valid, an inventory inspection must be carried out either before you take possession of the
premises or during the month in which you do so.
Check with the owner when the premises were LAST DECORATED/REFURBISHED (e.g. painting,
new carpets, wallpaper, etc). If necessary, don't hesitate to ask the previous tenant about this.

How is it done?

On 24 June 2004, the European Commission has already held the fee scale issued by the Belgian
architects (Norme dontologique n2) in violation of article 81, par. 1, EC, imposing to the "Ordre
national des Architectes" a fine of 100,000 - case COMP/D3/38549 Ordre des Architectes

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Ask the surveyor to SEND THEIR INSPECTION REPORT WITHIN A WEEK, to give you time to
examine it / query it / add to it.

Check this document carefully and don't hesitate to dispute any incorrect information and correct
inaccuracies, always in writing.

Warning

If no inventory inspection is made, this is in your interest since by law you are then assumed to have
returned the accommodation to the owner in the state in which you found it.
Owners can try to prove otherwise, but this is generally extremely difficult.

8.5.

8.6.

Inspection on leaving
This is carried out at the request of the owner
it is compared with the original inventory
it does, however, take account of normal wear and tear and obsolescence
according to constant Belgian case-law and jurisprudence, fitting and decorations are considered
to be set off after 9 years (wall papering, paintings, carpets, etc)

Points to note

Before the inspection is carried out when you leave the property, you should seek advice, and
ensure at least that:

all nails, screws, hooks, etc. are removed and the holes filled in (discretely)

in the year preceding your departure: the chimneys are cleaned (if you used them), individual
water-heaters de-scaled and individual heating systems maintained and cleaned

fitted carpets are cleaned (you can hire special machines to do this, but make sure you keep the
invoice)

old layers of polish are removed from unvarnished parquet floors (e.g. using V33 products) and
the floors then re-polished

the whole of the rented property is cleaned and all washable material washed (e.g. ceilings and
window panes)

all the meters are read and the readings countersigned by the owner

all keys and any copies you have had cut are returned to the owner, against a receipt from
him/her and, if possible, without him lodging any reservations on the state of the property
returned. This will make it almost impossible for the owner to claim compensation for any
damage other than that which you accepted.

9.

Maintenance and repairs

9.1.

Principles

Under the Belgian Civil Code, it is the responsibility of the owner to hand over the premises in
perfect condition and to maintain them throughout the term of the lease in a state fit for the
purpose for which they are leased.

Throughout the term of the lease, they must make the necessary repairs, apart from any
considered to be part of normal maintenance, which are your responsibility as tenant.

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DOS AND DON'TS

DO remove any clauses making you responsible for repairs and maintenance that should normally be
paid by the owner, such as:

replacing fixtures/fittings that are broken or obsolete

major work, e.g. on the roof or piping inside the walls, replacing the burner in the heater, etc.

fixing damage caused by third parties (theft, vandalism, etc)

also do not accept any clauses that absolve the owner of responsibility for any inconvenience
caused to you on account of defects with the building.

DON'T hesitate to seek advice if you are at all unsure about how a certain maintenance clause is to be
interpreted

10. Insurance
10.

Insurance - accidents - liabilities - Basic situation

As the tenant, you are obliged to insure yourself in respect both of the landlord/-lady and of third parties
(neighbours, other occupants of the building, etc.).
You ARE REQUIRED BY LAW to take out an insurance policy against damage from fire, water, etc.
covering your third-party liability.
If an accident happens and you are not insured, you could potentially be liable for enormous sums that
would bankrupt you for life.
EXCEPTION: the landlord/-lady may ask you to contribute to the payment of a COMPREHENSIVE
INSURANCE POLICY that he/she holds which includes a WAIVER OF CLAIMS (renonciation de recours).
Such policies also cover your liability - the cost of all accidents will be covered by the insurance
company, whatever the cause.

10.2. If there is an accident

Notify the owner IN WRITING (including by fax) without delay - if you fail to do so, you may be
liable for the costs of any worsening of the damage due to your failure to act promptly.

You can, and in certain cases are obliged to, take the necessary action in response to the
accident (e.g. calling an emergency plumber if there is a leak)

Never allow the owner to insert a clause into the lease under which you waive your right to
compensation for work taking more than 40 days.

In addition, if such work makes the premises uninhabitable, you are entitled to ask for the lease
to be terminated.

11. Modifications to the property

Basic situation

No modifications can be made without written agreement being obtained in advance.

The owner may not make modifications to the property during the term of the lease unless
he/she obtains your agreement.

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Likewise, you need to obtain the owner's agreement before carrying out any modifications to the
premises. To be valid proof, the agreement must be made in writing and must list the planned
work in detail.

DOS AND DON'TS

DO ensure that you include in the lease a clause requiring the owner to pay you proper
compensation for any renovation/refurbishment work he or she authorised you to undertake that
likely to increase the value of the property.

DON'T invest any of your own money in making improvements to the property without the
agreement of the owner and without first having obtained from the owner a written promise to
compensate you financially for this work at the end of the lease.

Otherwise your money will be lost.

12. Moving out

For information about conditions and formalities linked to the termination of the contract, see paragraph
3, on page 5.

Vacancy notices and visits

During the notice period, the owner is allowed to display a vacancy notice at the premises and
organise visits by prospective new tenants.

Warning!
When signing your lease, ensure that it limits the times when visits can be made to once or
twice a week, for no more than an hour each time.
The owner must then ensure that all visits are made within these periods, to avoid
inconvenience to you.
If he/she fails to do this, they will be liable to pay you compensation for having interfered in
your use of the property ("right of quiet enjoyment" (trouble de jouissance) - see Art. 1719 of
the Civil Code).

13. House rules for apartment blocks

13.1. What are house rules (rglement dordre intrieur)?
These affect you only if you live in an apartment block - they govern the rights and responsibilities of the
building occupants.
If you are a tenant in an apartment block, you must abide by these rules.

13.2. What do they cover?

They cover the practical aspects of communal living.
For example, whether you may keep pets. They also prohibit a range of activities such as making noise
after 10 p.m., using garages as workshops or warehouses, using lifts to move furniture/personal effects
if you haven't paid a special fee to do so, hanging washing on the balcony, leaving bikes or children's
toys in the corridors or entrance hall, etc.

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Note
-

DO ask for a copy of the house rules and read them before signing your lease.
Note, however, that since 1 August 1995, you cannot be bound by the house rules unless
you have been provided with a copy of them or if the landlord has indicated in the
contract where they could be consulted.

Acting as a "responsible householder" (bon pre de famille) requires you to take as much care of
the property as if it were your own and to act with due care. In the event of any legal action, it
is up to the justice of the peace to judge whether you have acted accordingly.

The choice of whether or not to keep pets is generally considered to be a private matter, so do
not accept a ban on this. Such prohibition would be held abusive and void unless the animal
becomes a nuisance.

Likewise a general prohibition to mount a satellite dish has been held contrary to community law
by the Court of justice and therefore void.

14. Disputes with your landlord/-lady

14.1

Going to court

If you are not able to resolve any differences you have with the owner amicably, the matter may have to
be taken before a justice of the peace (Juge de paix).

14.2. If the accommodation is not in a fit state when you move in...
Owners of rented accommodation are required by law to provide premises that meet "basic standards of
safety, health and habitability".
If your accommodation does not meet these minimum standards, you can either:

ask for the lease to be rescinded and to receive any related compensation and interest
payments, or

demand that the owner make the necessary improvements to bring the accommodation up to
these basic standards, and in the meantime ask the JP to grant you a rent reduction.

14.3. If the owner fails to meet their obligations during the period of the lease...

What are the legal obligations on owners?

Under the Belgian Civil Code, owners are required to provide the premises in perfect condition
and to maintain them throughout the term of the lease in a fit state for the purpose for which
they are leased. During this period they must make any repairs that are necessary - apart from
those considered to be part of normal maintenance, for which you, as the tenant, are
responsible.
-

If there is a problem with your accommodation...

If a problem arises, your first step should be to notify the owner by registered letter, keeping a
copy for yourself to prove you have done so.
-

If the owner consistently fails to meet his/her obligations...

If the owner fails to remedy the problems to your satisfaction, you should take the matter to a
lawyer. The lawyer will then call on the owner to discharge his/her responsibilities - this by itself
may prompt the owner to comply.

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If not, the lawyer can help you taking one of several courses of action:

First advice: have a report

have a report on the problem drawn up by a court bailiff (e.g. the poor state of the building
or poorly functioning / completely broken fixtures / fittings in the accommodation). The
bailiff's official report will serve as your proof that your complaints are justified;

have a report drawn up by an inspector of the Region [Brussels] based on the regional
housing code 8. The Region will summon the landlord to carry out improvement works within
a deadline and in default fine the landlord.

Second advice: instruct a lawyer to requite the arbitration of the court

call the owner to a conciliation hearing (before the JP for the canton in which the rented
accommodation is located). Note, however, that landlords are not legally required to attend
such hearings, nor is there any guarantee that you will reach any sort of agreement.

take legal action against the landlord. In such cases, legal proceedings are opened by
petition (requte), to which must be attached proof of the owner's domicile, dated no later
than 15 days before the day the petition is filed.

Warning
try to withhold rental payments, either in full or in part, without first seeking advice and asking
the owner in writing to meet their obligations. As a tenant, you are not allowed to take the law
into your own hands.

14.4

No more compulsory mediation (conciliation) before taking disputes to court.

On 24 December 2002, a new subparagraph (g) was introduced to Article 1344septies of the Belgian
Judicial Code, making it compulsory (from 10 January 2003 onwards) for tenants and owners to seek an
amicable settlement by conciliation before opening legal proceedings, in all disputes involving (i) indexlinked rent increases, (ii) recovery of rent arrears and (iii) eviction.
Experience has shown that conciliation was most of the time useless and unsuccessful.
First, because there was no obligation for the defendant to attend the hearing.
Second, because the judge cannot take any active part to the debate in an attempt to reach a settlement
between parties.
Therefore, compulsory mediation has been abolished by the Law of 18 June 2008 (Official Gazette of
14.7.2008).

15. Registering a lease

15.1. Why register a lease?
The landlord is required by law to register your lease, for tax purposes.
Reminder:

If the landlord fails to register the contract within the deadline (2 months), the tenant is
authorised to terminate the contract and vacate the place at any time, without notice or
penalty.
This is only applicable to 9 year contracts.

http://www.codedulogement.be/fr/index.html

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However, the tenant might have an interest in registering the contract in case the leased property is
sold. A registered contract must be honoured by the buyer.

15.2. How much does it cost to register a lease?

For accommodation let as a main residence (including short lets, e.g. for stagiaires): free of charge.

16. Compulsory sale (expropriation)

Expropriation is when the property you are renting is acquired by the public authorities for purposes
related to the public good (e.g. to build a road or other public structure).
If your accommodation were to be expropriated, this would terminate your lease and you would be
entitled to seek compensation from the expropriating authority.

17. Useful links

1.

Indice de Sant :
http://economie.fgov.be/fr/statistiques/chiffres/economie/prix_consommation/indices_prix_cons
ommation/index.jsp

2.

Brochure La loi sur les loyers (FRENCH and DUTCH only):

http://www.just.fgov.be/index_fr.htm

3.

SPF JUSTICE
http://www.just.fgov.be/cgi_justice/publications/show_pdf.pl?id=22

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