Amendment of leasing legislation in November 2024

The Regional Housing Inspectorate (DIRL) is responsible for monitoring minimum standards of safety, hygiene and equipment in rented accommodation. Starting November 1st, 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.

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.

A landlord offering a short-term lease (maximum 3 years) must indicate the last rent applied to the property. The base rent cannot be increased for nine years (except for indexation and rent review in certain circumstances). Short-term leases cannot be extended more than once.

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.

Standard termination letter templates will be provided to ensure that all parties are properly informed of their rights when terminating a lease.

The lease agreement must list and enumerate exhaustively the charges that the tenant must bear, and on each anniversary of the commencement of the lease, the landlord must provide a separate statement of the charges for the previous year. Furthermore, the tenant shall be required to take out insurance against fire and water damage.

Lastly, clauses in the lease prohibiting the keeping of pets or domiciling at the address of the leased property are invalid.

These legislative amendments enter into force on 1 November 2024 :

• Amendments relating to the pre-contractual phase and the conclusion of the contract shall only apply to leases concluded or renewed on or after 1 November 2024.
• Other amendments shall apply to all existing leases.

For more information on these legislative amendments and their scope, please consult the Opens in new windowordonnance modifiant le Code bruxellois du Logement en vue de concrétiser le droit au logement.

The guide "Opens in new windowLiving your residential lease: a memo of the important steps" (only available in French and Dutch) has been updated to take into account these legislative changes.