The Brussels Parliament has recently passed a new ordinance that amends the Housing Code, significantly impacting both tenants and landlords.
According to Housing Minister Nawal Ben Hamou, this reform, born from in-depth and consultative analysis, specifically addresses precarious living conditions. It aims to correct existing legal gaps that frequently lead to conflicts, thereby enhancing tenant protections.
1. Rental Guarantee
A key measure affecting all tenants is the rental guarantee. It can no longer exceed two months' rent, excluding charges. Furthermore, the landlord must return it within two months after the tenant vacates the property.
Should the landlord fail to return the deposit on time, they will have to pay an additional 10% of the monthly rent for each month of delay. This amount must be transferred into a bank account.
2. Transparency
Landlords offering a short-term lease (3 years) must disclose the most recent rent charged for the property to the new tenant. They cannot increase this amount unless offering a long-term lease.
Only rent indexing is permissible from one lease to the next.
Short-term leases cannot be extended more than once. This measure does not apply to leases intended for students.
3. Renovations and Rent Increases
The new legislation also aims to regulate rent increases requested following energy renovation works.
If a landlord intends to carry out renovations and notifies the tenant in advance, they have a maximum of two months to provide either an urban planning permit, a detailed estimate, a description of the works with a detailed cost estimate, or a company contract.
If they fail to provide this information, the tenant can request the cancellation of the notice.
4. Pets Allowed
Landlords will no longer be able to refuse a tenant based on their pet.
5. Errors Related to Charges
Errors in the recording and accounting of charges can be claimed within two years following notification to the landlord or tenant.
If the error benefits the landlord, they can only claim the amount for five years.
There is no limit if the error benefits the tenant, who can claim for the entire duration of the error.
6. Property Tax and Children
Landlords of a dwelling housing two children benefit from a reduction in their property tax, even if the occupants are tenants.
Tenants whose household composition qualifies for this reduction can request their landlord apply for the tax reduction and then pass it on to the tenant.
7. Non-Compliant Landlords
93% of rental disputes are initiated by landlords. At hearings for these cases, only 50% of tenants appear.
Tenants who file a complaint with the Regional Housing Inspection Directorate (DIRL) will be protected during the proceeding.
If the landlord issues a termination notice after the complaint, the notice will be suspended until the DIRL makes a decision. If the housing is deemed compliant, then the notice will resume.
8. Prohibition on Re-leasing
A landlord ordered by the DIRL to carry out works to bring their property up to standard will no longer be able to re-lease the dwelling without a compliance certificate issued by the authority.
9. Rogue Evictions
Rogue evictions constitute a third of all evictions.
They will be more severely punished: landlords can be required to pay up to 18 months of rent as compensation to the tenant evicted without a legal eviction order.
Furthermore, the landlord can be pursued by the tenant as long as the tenant has not regained access to their dwelling. A daily penalty may also be imposed until the tenant reoccupies the dwelling.
10. Insurance
Finally, tenants will now be required to have fire and water damage insurance when occupying a property in the Brussels-Capital Region.
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