REGIONALIZATION OF THE MAIN RESIDENCE LEASE
Following the 6th state reform, the Brussels-Capital region took the leap and, on the initiative of the Minister of Housing Céline Frémault, was the first of the three regions to legislate in terms of leases of housing, in order to adapt it to current socio-economic realities and best preserve the balance between lessors and lessees.
Following the 6th state reform, the Brussels-Capital region took the leap and, on the initiative of the Minister of Housing Céline Frémault, was the first of the three regions to legislate in terms of leases of housing, in order to adapt it to current socio-economic realities and best preserve the balance between lessors and lessees. Thus, the order of July 27, 2017 for the regionalization of the residential lease came into being. At the start of this article, it is important to remember that our capital has about 60% of tenants and among them, nearly 90,000 students, coming from Belgium or elsewhere.
Concretely, what are the innovations targeted by this reform of the residential lease?
Brussels provides in particular a modernized legal framework for shared accommodation, a special regime for student accommodation, as well as adjustments in terms of lease transfer and subletting, and finally the possibility now to terminate a short-term lease.
1. Colocation
In addition to the high number of tenants in Brussels, our capital is above all faced with a new housing phenomenon, that of shared housing. The latter, hitherto plunged into a legal vacuum, is now regulated by a specific legal regime.
Colocation is a way of living that is set to grow even more in the coming years, especially in a city as cosmopolitan as Brussels. The regionalization of the lease was therefore the long-awaited opportunity to legally supervise this new mode of housing.
1.1 The rules:
A single lease binds the different parties.
The parties must agree to the application of this regime. (art. 257)
A roommate can leave the rented premises with two months notice and without compensation, it is up to him to find a replacement accepted by the group. However, in the event of repeated refusal by the group, the roommate wishing to leave the premises will however be released from their obligations if they can demonstrate their active search for replacement candidates. (art. 260)
If more than half of the roommates leave, the lessor has the option of terminating the lease. (art. 260, §4)
Presumed solidarity of tenants. (art. 259)
1.2 The colocation pact (art. 261):
The basic terms of the roommates' common life are freely determined by them.
However, the Pact must contain the following information:
- the rent distribution key,
- the breakdown of rental damage and its charging against the rental guarantee,
- maintenance and repairs,
- the division of charges,
- an inventory of the furniture and its provenance,
- questions relating to the rental guarantee and insurance cover,
- the terms of arrival, departure and replacement of a roommate.
Once signed, this pact is annexed to the lease contract.
The pact has binding force for the roommates who sign it, so it does not concern the lessor.
In case of non-compliance, the roommates can take legal action.
2. Student accommodation
The reform provides for a specific legal arrangement for student accommodation, a brief summary of which follows:
The lessee must prove his status as a student. (art. 253)
The parties must agree to the application of this regime. (art. 253, §1)
The student lease will be concluded for a maximum period of 12 months. (art. 256, §1)
The lease can be renewed for a period of one year. (art. 256, §3)
The lessee may terminate the lease at any time, subject to 2 months notice and without compensation. (art. 256, §2)
The lessee has the option of terminating the lease up to one month before entering the premises, subject to the payment of an indemnity of one month's rent. (art. 256, §5)
The lessor may terminate the lease at its expiration with three months' notice before this deadline. (art. 256, §2)
3. Termination of short-term leases
A great novelty of the reform, it is now possible for the lessee to terminate a short-term lease with three months' notice and payment of one month's compensation.
The lessor, on the other hand, may not terminate the lease during the first year, except for reasons of personal occupation.
4. The online toolbox
4.1. Rent grid
A grid of rents, for information only, has been established and can be viewed online at the following address: https://lc.cx/gPrG
4.2. Standard model of inventory
A standard model of inventory can be downloaded online via the following link: https://lc.cx/gPrY
4.3. A decree dividing maintenance and repair obligations between lessors and tenants
Up to now, the distribution of obligations between lessors and tenants has been ill-suited to current conditions. The regionalization of the lease clarifies the situation on the responsibilities of the parties by providing a non-exhaustive list of works imperatively payable by one or the other of the parties.
External link: https://lc.cx/gPrc
Lecobel Vaneau
Place Brugmann 11, Ixelles 1050
Tel : +32 2 340 72 70
@ : lecobel@lecobel.be