IndependentSuppose your landlord announces that he is carrying out renovation work to raise the EPC value of your rental house or apartment to a higher level, in accordance with stricter energy legislation. What consequences does this have for you as a tenant? Independer.be answers the most frequently asked questions about this.
It is not surprising that many landlords are working hard to obtain a better EPC label. This of course involves the necessary renovation work. These may also be of interest to you as a tenant. After all, you will get a better quality home, but you will have to endure the necessary inconvenience. What exactly are your rights?
Pay slip? Health and other documents? A landlord may (not) request these papers from his tenant.
Can my landlord terminate the rent due to renovation work?
Yes. If he wants to thoroughly renovate the property, your landlord can terminate the lease at any time. There is one exception: the landlord can never terminate the contract during the first three years of the lease due to renovation work. He must also always respect a notice period of at least six months. This way you still have time to find another spot.
What does ‘a thorough renovation’ mean?
In order not to give the landlord the opportunity to simply terminate the rent for any ‘maintenance work’, strict conditions have been laid down:
– The cost of the renovation work must amount to at least three years’ rent.
– The landlord must provide proof of the planned works, i.e. detailed specifications or a building permit.
– The renovation work must take place in the occupied area, so that it is impossible for you to live in your house or apartment.
– The works must start no later than six months after the end of the notice period, and they must be completed 24 months after the expiry of the lease notice. If the landlord does not carry out the work within that period, you as a tenant are entitled to financial compensation equal to 18 months’ rent.
Reading tip: Did you know that your renters insurance also covers these claims while on holiday?
What about smaller renovations? Are you entitled to compensation?
The owner is obliged by law to carry out all necessary repairs. But as a landlord you cannot possibly force these works on the tenant. The tenant must always give his or her permission. In return, he could ask for compensation for the nuisance caused by the works. For example, consider a reduction in rent for as long as the works last.
If you, as a tenant, do not give your consent and the landlord carries out the work anyway, you are legally entitled to compensation because the ‘pleasure of the tenant’ is disrupted by the landlord.
There is only one exception: only if it concerns urgent repairs that cannot be postponed until the end of the lease, the landlord may carry out the work without permission. If the repairs take longer than 40 days, you as a tenant can also request compensation. This usually corresponds to a reduction in the rent in proportion to the duration of the works. If the home becomes uninhabitable during the works, you as a tenant can even have the lease terminated.
Cover yourself optimally: why a description of the location of a rental property is crucial.
Can the landlord subsequently increase the rent because the property is of ‘better quality’?
No. As long as an existing rental contract is in effect, the landlord cannot simply change the monthly rent. He can index the rent once a year, unless the contract states that no indexation takes place.
There is – again – one exception: for rental contracts concluded since January 1, 2019, the landlord can adjust the rent if he has taken energy-saving measures in the home, from one month after the work has been completed. If you, as a tenant, do not agree with the price increase, it is the justice of the peace who must make the decision.
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Read more on Independer.be:
Tenants’ insurance policies run for one year as standard: what if you stop renting earlier?
Renters Insurance: Four Surprising Things You’ll Get Reimbursed For
A charging station at your (rental) home: these are the rules (and this is how you can enjoy a tax reduction)
This article was brought to you by our partner Independer.be.
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Tags: landlord renovating home rights tenant monthly rent MyGuide
