LETTING: Repairs and maintenance

Are repairs and works the responsibility of the landlord or the tenant? Detailed lists of the repairs and maintenance works for which the tenant or landlord is responsible are available to help answer this question.

GOOD TO KNOW: For the Brussels-Capital Region, a list containing this information was published in the Belgian Official Gazette on 8 December 2017.

Here is a summary that will probably clarify matters.

1. What are the landlord’s and tenant’s obligations regarding repairs and maintenance?

a) The tenant:

As stated in the Belgian Official Gazette, the tenant must use the rented property as a ‘prudent and reasonable person’ throughout the term of the tenancy. This means that the tenant is responsible for carrying out any necessary minor rental repairs and routine maintenance of the property.

For example, the tenant is responsible for the following tasks:

• oiling or waxing the parquet flooring;
• periodic inspection and maintenance of the boiler;
• sweeping the chimney;
• mowing the lawn and maintaining the garden;
• maintaining and descaling the taps, as well as cleaning seals and filters;
• replacing the batteries and bulbs in the equipment provided (such as smoke detectors, etc.);
• …

b) The landlord:

The landlord, for their part, must carry out all other necessary repairs required for the normal use of the rented property or properties. In particular, the landlord must attend to repairs resulting from wear and tear to the property (with the exception of repairs arising from wrongful conduct by the tenant).

For example, the landlord is responsible for:

• repairing worn taps;
• repairing the roof;
• replacing a faulty boiler;
• resolving any issue related to wear and tear at the rented premises;
• …

2. In what circumstances may the landlord carry out renovations during the tenancy?

In certain circumstances, the landlord is authorised to carry out certain types of work during the tenancy, primarily urgent repairs that cannot be postponed. In this case, the tenant has no choice but to accept them, even if they cause inconvenience or deprive the tenant of the use of part of the rented property.

Specific rules laid down by the Code:

– For tenancies of nine years or more, the landlord may carry out non-urgent works in the rented property to improve the building’s energy performance without the tenant’s consent, no more than once every three years. However, the tenant must be informed by registered letter at least one month in advance.

– The Civil Code provides that, if the repairs last more than forty days, the rent is reduced in proportion to the length of time and the part of the rented property of which the tenant is deprived.

– Conditions to be met:

• The works may not exceed the duration set by the Government, namely a maximum of sixty days from the start of the works;
• The premises must remain habitable during the works;
• The works may not result in any reduction in the normal use of the property during or after their completion;
• The purpose of the works may not be to bring the property into compliance with basic safety requirements. Other rules apply in such cases.

GOOD TO KNOW: If the repairs are too extensive and make the property uninhabitable for the tenant, the tenant may apply to the court for termination of the tenancy.

– Rent increase following works:

The parties may agree that the works will result in a rent increase. This increase must be expressly agreed no later than one month before the works begin. Such an increase may also be agreed for works intended to adapt the accommodation to the tenant’s disability or loss of independence. The increase must be proportionate to the actual cost of the works and the improvement in energy performance.

3. In what circumstances may the tenant carry out renovations during the tenancy?

The renovation tenancy agreement:

The parties may agree from the outset, or in a subsequent written agreement, that the tenant undertakes to carry out, at their own expense, specifically defined works at the rented premises which would normally be the landlord’s responsibility.

The tenancy agreement must then precisely include the following information:

• a description of the works
• the commencement date of the works
• the timeframe for completing the works – which must not be shorter than the reasonable time required to carry them out, but may not exceed 12 months
• …

NB: the rules governing renovation tenancy agreements apply only to residential tenancies with a minimum term of three years.