Repairs to rented property: who is in charge?

Both the tenant and the landlord each have responsibilities regarding repairs to the rented property. Well before putting your signature at the bottom of a lease contract, it is therefore important to be clear with the distribution of roles. We review the main rules for you, both for Wallonia, Flanders and the Brussels Region.

Both the tenant and the landlord each have responsibilities regarding repairs to the rented property. Well before putting your signature at the bottom of a lease contract, it is therefore important to be clear with the distribution of roles. We review the main rules for you, both for Wallonia, Flanders and the Brussels Region.

But first the main points

Although each region in Belgium has its own regulations regarding rental leases, you will notice great similarities in terms of the responsibilities of tenants and landlords. Thus, the regulation will aim to guarantee the protection of both parties in the event of disagreement.

THE lessor must guarantee that ‘their’ accommodation is habitable. As soon as major repairs are necessary to continue to guarantee habitability, it must therefore act without delay.

In this case, these are repairs – even small ones – which are linked to wear and tear, obsolescence, but also force majeure. Let us cite a few examples:

• a dilapidated roof construction
• a worn boiler
• damage resulting from exceptional circumstances or a break-in
• …

The tenant will, in turn, repair small defects resulting from daily use. And therefore which are not due to wear and tear, obsolescence or force majeure. Here are some examples:

• Small sanitary defects, such as a clogged sink or toilet
• Leaking faucets
• Damage to paint or wall caused by nails or hooks
• Broken switches or outlets
• …

Obviously, the tenant will also be responsible for repairs – and the costs thereof – if he has intentionally or unintentionally caused damage to the rented property. For example, a knock against a wall or ceiling when moving, broken tiles due to a heavy object falling on the floor, etc.

What do we mean by small and major repairs?

To avoid any discussion between tenant and landlord, the different regions of Belgium have established a list. These lists define, among other things, what is meant by ‘small repairs’, so that the parties to the lease contract know what to expect.

Who is responsible for the good condition of the mailbox? Who should maintain the chimney? Who should have the heating system serviced in a timely manner? So many questions to which you will find answers in the lists referred to above.

Are you going it alone? Attention !

What if an urgent repair is necessary? In principle, the tenant must take care of small repairs to the rented property – which are on his account. However, it is his duty to avoid any further damage.

If a larger (urgent) repair is necessary, it is your responsibility to inform the owner as quickly as possible. And this is to reduce any possible damage to the strict minimum until the actual repair. It is always best to make this communication in writing, so that it appears in black and white somewhere. You should ideally attach some photos of the damage as supporting documentation. In the event of a major urgent repair, the tenant can contact the repair service himself. In this case, it is important to gather evidence that the intervention was indeed very urgent and essential. In this case, he will then be able to recover the costs incurred from the lessor. But the opposite is also true: if the tenant neglects to contact the lessor in the event of a major disaster, the tenant may be held responsible. He was notably negligent.

Documents and communication: guarantee of good understanding

Frank and open communication between both parties is a must, whatever the scenario that presents itself. In this way, you will avoid embarrassing situations, where the truth cannot emerge, to the detriment of one of the two parties. Conclusion : better safe than sorry !

You can only protect yourself by preparing properly before the start of your rental adventure. If you have a lease agreement and an inventory, many potential points of disagreement will disappear like snow in the sun. In addition, you will be able to create a healthy and constructive relationship with your tenant/owner, without it costing you.

Published on June 4, 2024