On 19 May 2023, the Walloon Parliament adopted a decree amending the rules applicable to student leases.

The student lease concerns the rental of accommodation by or on behalf of a student as part of his or her studies.

The duration of the student lease is maintained at a maximum of one year. However, the parties may agree to a shorter term, and limit the lease to the duration of the academic/school year.

As before, it can only be signed by a single student. If there is more than one tenant, a shared tenancy agreement should be used. If there is more than one tenant, a shared tenancy agreement should be used.

Whereas previously this was left to the choice of the parties, the student must now be able to live in the rented premises. As set out in the parliamentary works, “any clause prohibiting the use of the rented premises as the lessee’s principal residence is deemed to be unwritten if it is not supported by express and serious justification, relating in particular to the natural purpose of the premises, and is not accompanied by an indication of the lessee’s principal residence during the term of the lease”.

Regarding the end of the lease, the decree introduces a new paragraph specifying that the student lease terminates automatically on expiry of the agreed term, with neither the lessor nor the student lessee having to give notice. Prior to this change, the lessor alone had to give notice one month before the end of the lease that he did not wish to renew it.

If at the end of the one-year term, or of the initially agreed term, the student continues to occupy the premises without opposition from the landlord, the lease is extended for a further year under the same conditions.

The amount of the rental guarantee is reduced in any event to the equivalent of two months’ rent, regardless of the form of the guarantee (blocked account, bank guarantee, CPAS guarantee or other form).

Proof of student status must still be provided, but only within six (6) months of signing the lease (previously three (3) months).

In any event, failure to provide proof of student status will not result in the lease being reclassified, as was previously the case. If proceedings are brought before the Justice of the Peace, it will be up to the student to prove his or her status as a student.

These changes came into force on 1 June 2023 (although the text was not published until 31 July 2023).

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