Amendment of leasing legislation in November 2024
Everyone in Brussels has the right to decent housing. On 29 March 2024, the Brussels Parliament gave the green light to a change in the tenancy legislation aimed at removing the barriers to decent, affordable and sustainable housing. Now let's take a moment to explain the changes.
Extension of the competences of the Regional Housing Inspectorate
The Regional Housing Inspectorate (DIRL) is responsible for monitoring minimum standards of safety, hygiene and equipment in rented accommodation. From autumn 2024, this jurisdiction will be extended to homes that have not yet been or are no longer being rented out. Tenants who have lodged a complaint with the DIRL or referred the matter to the Joint Rental Commission will receive additional protection for the duration of the procedure. Landlords wanting to check that their rental property meets minimum quality standards can request an inspection visit by DIRL inspectors.
Rental guarantee
This guarantee cannot exceed the equivalent of two months' rent (excluding charges). To avoid problems with proof of payment, the guarantee amount can no longer be paid to the landlord in cash. The landlord must reimburse the guarantee to the tenant within two months of their departure.
Short-term lease
Landlords offering short-term leases (maximum three years) must indicate the last rent charged for the property. The rent cannot be increased unless the landlord proposes a long-term lease. The previous rent can only be indexed. Nor can short-term leases be renewed more than once.
Uncontrolled evictions
Uncontrolled evictions are evictions carried out without an enforcement order (i.e. a court decision authorising the eviction) and will be punished more severely. In the event of uncontrolled eviction, the landlord risks having to pay compensation of up to 18 months' rent to the tenant.
Other measures
Standard termination letter templates will be provided to ensure that all parties are properly informed of their rights when terminating a lease.
The lease contract will also specify the costs to be borne by the landlord or tenant, and how they are to be divided between the two parties. In addition, the tenant is required to take out fire and water damage insurance.
Lastly, clauses in the lease prohibiting the keeping of pets or domiciling at the address of the leased property are invalid.
Find all the information in the Opens in new windoworder amending the Brussels Housing Code to give concrete form to the right to housing, which will come into force on 1 November 2024.