Winter Moratorium Compensation: How to Apply
The Brussels-Capital Region has introduced a winter moratorium on evictions between 1 November and 15 March of the following year. If your tenant does not pay the occupancy indemnity (rent) during the winter moratorium, you can file a compensation claim with the Regional Solidarity Fund.
- Duration: 10 minutes
- Response: N/A
- Documents: Yes
- Mode: Digital and physical
Conditions
- Your rental property is located in the Brussels-Capital Region.
- You have a judgement authorising the eviction after 15 August, before or during the winter moratorium.
- You have not received the requested occupancy indemnity (rent) despite sending a reminder to the tenant.
Submitting a claim
You can only submit one claim per property:
- Earliest submission, when the tenant leaves the property during the winter moratorium period, or at the end of the winter moratorium (15 March) if the tenant is still living in the property on that date.
- Latest submission 15 September following the end of the winter moratorium.
To be included with your claim:
- the judgement authorising the eviction.
- the registered lease agreement.
- the bank card for the account into which compensation should be paid.
- the payment reminder to the tenant for the unpaid occupancy indemnity (rent).
- optionally, the last rent indexation request.
Important!
- Winter 2023-2024 was the first period for which compensation could be claimed. The possibility to submit a compensation claim for this first winter moratorium has been closed since September 15, 2024."
- Please note that only the period from the date of authorised eviction is eligible for compensation!
For example:
Judgement on 01/12/2023
Judgement served on 01/01/2024
Eviction authorised on 01/02/2024 (1 month after judgement is served, as required by law)
Period compensated: 01/02/2024 - 15/03/2024 - This compensation claim only applies to properties located in the Brussels-Capital Region.
- If you need more information, you can request it by email to Opens in new windowmoratoire.dirl@sprb.brussels.
You can submit the claim online or using the paper form which you can download below:
Downloads (only available in French and Dutch)
Some of the documents are not available in this language. You can find them below in the available languages.
- Formulaire de demande d'indemnisation moratoire hivernal (personne physique)(PDF / 172.54 KB)
- Aanvraagformulier vergoeding wintermoratorium (natuurlijke persoon)(PDF / 782.79 KB)
- Formulaire de demande d'indemnisation moratoire hivernal (personne morale)(PDF / 775.36 KB)
- Aanvraagformulier vergoeding wintermoratorium (rechtspersoon)(PDF / 838.08 KB)
What to do if your tenant pays you after your compensation claim?
Immediately contact the Regional Housing Inspectorate by email (Opens in new windowmoratoire.dirl@sprb.brussels) for information on how to repay the overpaid compensation.
Legal basis
- Opens in new windowOrder of 22 June 2023 inserting the procedural rules applicable to judicial evictions into the Brussels Housing Code and amending the resources allocated by and to the solidarity budget fund
- Opens in new windowDecree of the Government of the Brussels-Capital Region of 14 September 2023 determining the conditions for granting the intervention of the Regional Solidarity Budget Fund provided for in Article 233k, §2, of the Brussels Housing Code.
