Property owners in Belgium now have the right to verify if their prospective tenants have an income that amounts to at least three times the rent, a ruling by the Council of State has confirmed.
The legal dispute arose between the co-owner of a flat and the Brussels Region. Following a complaint, the Regional Housing Inspectorate (DGHI) had imposed a fine on the owner for discrimination on the grounds of financial means.
The landlord had rejected a couple's application because their financial resources did not exceed the threshold of three times the rent – which was upheld by the Region.
Now, the National Union of Owners and Co-owners (SNPC-NEMS) welcomed the decision, which they said "provides important legal clarity".
For the union, the decision confirmed its position that ensuring a balanced selection of tenants, based on objective criteria of solvency, "is essential for securing tenancy relationships".
Discrimination?
Although the Brussels Housing Code does indeed prohibit discrimination based on financial means, the Council of State explicitly stipulated that a landlord may verify whether a prospective tenant has sufficient means to pay the rent.
"The preparatory work for the Brussels Housing Code shows that an established practice has emerged whereby rent and charges may not exceed one third of the household income to guarantee future solvency," said the ruling.
Additionally, the Council of State emphasised that landlords may also request details of a prospective tenant's financial resources to assess their ability to meet all their contractual obligations – not only the rent, but also fixed costs, for example.
The requirement was therefore "proportionate and legitimate" and did not in itself constitute discrimination, the decision stated. "The landlord cannot be criticised for choosing the tenant who offers the greatest number of guarantees."
Picture shows a 'A Louer' sign of Era real estate company on a house. Credit Belga/ Benoit Doppagne
The SNPC called the ruling a "strong signal to the authorities", in particular the Brussels authorities, to draw "all the necessary conclusions" from this ruling and to adapt their practices accordingly.
"It is essential that landlords are able to continue exercising their legitimate right to verify solvency, within a clear, balanced and secure framework," they said.
The Tenants' Union, meanwhile, said that it understands the legal reasoning but points out that the real problem is "the imbalance between rents and tenants' purchasing power". They stressed that rents must be better aligned with the actual value of properties.
"A recent analysis found that 52% of all private tenants spend more than a third of their income on rent," Joy Verstichele, Coordinator of the Flemish Tenants' Platform, told The Brussels Times.
Rents vs. purchasing power
On average, people in Brussels spent 35% of their budget on housing costs (rent and bills) in 2020, according to figures by the Brussels Association for the Right to Housing (BBRoW). Since then, however, the cost of living – including rent – has skyrocketed, following Covid-19, the 2022 energy crisis and the most recent global shocks.
In the past, the practice of requiring an income of at least three times the risk was often used as a rule of thumb for both rent and mortgages, he said. "So that is over half of the people who would not be able to follow this rule."
"Due to the rise in rent prices and the fact that this did not always correspond to income, requiring an income that is three times people's rent is not feasible," said Verstichele.
The issue with the Council of State decision, he said, is that there is now a ruling explicitly stating that landlords are allowed to do this. "Landlords might start turning people away even more quickly."
Credit: Belga/Benoit Doppagne
"Where else are they supposed to find a solution? These people often have an income that is too low to buy a home, meanwhile, the social housing market is saturated," he added. "They are effectively forced to find something on the private market. They would face refusals even more frequently as a result of this ruling."
According to Verstichele, the ruling is particularly "bad news" for people looking for an affordable rental property. "Paying more than a third of your income is not straightforward, but we see that many people still go to great lengths to pay a rent that is slightly higher than that."
The rent control measures in force in Brussels since May 2025 are seen as a good first step. Under this scheme, landlords are no longer permitted to propose a rent that is more than 20% above the reference rent.
