When post-electoral negotiations stall and the formation of a new government is delayed, one institution in Belgium often regains a degree of autonomy: Parliament.
In the absence of any policy direction set by a newly formed executive, legislators are free to set their own course.
This is precisely what occurred in the Brussels Region, where legislation aimed at curbing excessive rents entered into force as of 1 May.
This marks a genuine legal revolution. Until now, residential rent amounts were freely determined under the principle of contractual autonomy. From now on, rents will be regulated and subject to limitations.
In recent years, rents in Brussels have risen faster than inflation. As a result, there are currently some 30,000 homes with unfair and excessive rents in the Capital Region.
The principle is straightforward. Any rent that exceeds the so-called reference rent by more than 20% is presumed to be excessive and may therefore be subject to judicial revision.
However, this presumption of excessive rent may be rebutted where the property is considered high-end, on the basis that the tenant has the financial means to pay the rent.
Conversely, even if a rent does not exceed this threshold, it may still be deemed excessive if the property is in poor condition and should not have been rented in the first place (due to being unfit for habitation).
The method for determining the reference rent is based on market averages and objective characteristics of the property such as age, size, location, and energy performance and has already been outlined in The Brussels Times.
It has also been explained that tenants may apply to a Rent Assessment Commission ("Commission paritaire locative", composed of both landlord and tenant representatives) for a non-binding opinion on the reasonableness of the rent charged.
What is new, as of 1 May, is that tenants may now bring the matter before a judge, who will issue a binding decision rather than a mere opinion. Let us focus, therefore, on this central aspect of the reform (Article 224/1 of the Brussels Housing Code).
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First, when may the tenant file a request for rent revision?
Not immediately. In the case of a nine-year lease, the tenant must wait at least three months from the start of the lease before bringing a claim.
For shorter leases, the waiting period is two months. The aim is to uphold, to some extent, the agreement that the parties voluntarily entered into.
An exception exists, however: if the landlord has previously been ordered to revise an excessive rent for the same property, the tenant may seize the court without delay. That raises the question of how the tenant would become aware of such a prior ruling.
New legal tools for combating high rents
How will the judge, once convinced of the rent’s excessive nature, determine the new rent amount?
The new law does not provide specific guidance. What is clear, however, is that if the court orders a rent revision, the newly set rent will replace the amount originally agreed by the parties.
Will this apply only prospectively? No. The judge may also retroactively adjust the rent, though only for a limited period — up to four months prior to the filing of the court action.
This restriction aims to preserve the landlord’s property rights and ensure that the measure remains proportionate.
There is, however, a similar exception to the one mentioned earlier: if the landlord has already been ordered to revise an excessive rent for the same property, the revised rent will be effective as from the first month of the lease.
This raises the legitimate question of whether such a rule introduces a form of discrimination among tenants.
In any case, the Brussels Region seeks to empower tenants by providing the necessary information to assert their rights in court. Since 1 November 2024, any rental advertisement — whether online or posted physically on the property — must indicate the reference rent (Article 217 of the Brussels Housing Code).
Prospective tenants can thus compare this reference amount to the rent demanded by the landlord and, where a significant discrepancy is observed, initiate legal proceedings (before the Justice of the Peace).
Time will tell whether this new framework will be effectively implemented in practice. Will tenants be sufficiently informed? Will they dare challenge their landlords, for fear of lease non-renewal? Will judges grant rent reductions? This remains to be seen.
