New Brussels rental rules: this changes for tenants and landlords

Since November 2024, new regulations have come into effect for rental contracts in Brussels. These rules provide more protection for tenants and impose additional obligations on landlords. We summarize the key changes and explain what they mean for you as a landlord.

No More Rent Increases Between Two Short-Term Contracts

Starting November 1st, Brussels property owners renting out homes with short-term contracts (less than three years) will no longer be allowed to increase the rent between two tenants, except to apply legal indexation. This measure, established by the "rental contract ordinance," applies when a contract expires or is terminated, covering all short-term contracts. Its goal is to ensure that short-term contract prices do not rise faster than long-term ones, which can only be adjusted through indexation. Transparency about the previous contract and rent allows tenants to make fair comparisons.

PRECONTRACTUAL INFORMATION

To ensure compliance with the rent increase ban, landlords must include several details in the contract, such as the type of previous rental agreement, the last rent charged, as well as the habitable surface area and the amount and date of the last payment (for short-term contracts).

Mandatory Fire Insurance

Tenants are now legally required to take out fire insurance. This provides landlords with more security in case of damage caused by fire or water damage, as the costs will not fall entirely on them.

Clear Breakdown of Costs and Consumption

The costs paid by the tenant must match actual expenses unless the contract explicitly states fixed costs. The rental contract must include a complete list of all costs the tenant must pay. Billing errors can be corrected up to two years later by either the tenant or the landlord. The consumption data used as the basis for costs may go back up to five years.

Pets Are Allowed

A landlord can no longer include a general clause prohibiting pets. However, certain conditions may be imposed, such as preventing nuisance or limiting the number of animals. This gives tenants more freedom while ensuring clear agreements to avoid conflicts.

Relocation Costs for Uninhabitable Housing

If a property is declared uninhabitable, the landlord may no longer rent it out. In addition to possible fines, a judge may require the landlord to cover the tenant's relocation costs to a new home. If the rent of the new home is higher than that of the uninhabitable property, the landlord may also be required to cover the difference for up to 18 months.

GET SUPPORT FROM IFAC SERVICE

The new Brussels rental regulations can make it more complex for both landlords and tenants to manage everything correctly. Don’t worry, we are here to help. Whether you want to rent out a property or invest in real estate, our experts ensure smooth contract handling and provide advice on the best strategy. Are you a tenant with questions about your rights? Or a landlord wanting to ensure your contracts comply with the law? Contact us for more information.