The home eviction procedure has been significantly modified following a new ordinance approved by the Brussels Parliament in June 2023.

One of the key measures of the ordinance, which comes into force on 1st September 2023, is a ban on evictions from 1st November to 15 March inclusive.

This ban, which already existed in the Brussels Region for social housing from December to February, has now been extended to private housing and landlords.

However, the winter truce is subject to a number of exceptions. So, it is not applicable if:

• The tenant has found a new home,
• In the event of a safety or health hazard,
• The tenant’s behavior towards other occupants or staff is problematic,
• Force majeure obliging the lessor to redevelop the property.

The judge will decide whether to grant one of these exceptions.

The landlord also has the option of appealing to the Solidarity Fund for the loss of rent during this period. The fund’s intervention is subject to several conditions:

• It only intervenes for private and public non-subsidized landlords.
• The eviction order must be issued after 15 August, the date preceding the winter period.
• Claims for compensation must be submitted by 1st September following the end of the winter truce.

Compensation is limited to occupancy payments due during the moratorium period and payment is made within four months of the request for assistance.

The aim of this new measure is to limit evictions and prevent families from being made homeless during the winter. However, it also has major consequences for landlords, in terms of the time taken to arrange an eviction, which in some municipalities is already several months.

For more information on this subject, please contact Carole DE RUYT.