Works and repairs: landlord or tenant?

The principle in Wallonia

The decree of 15 March 2018 on residential leases sets the rules. According to the text consulted (version of 1 September 2018):

• the landlord hands over the property in a good state of repair “of every kind” and carries out “all repairs that may become necessary, other than tenant repairs”;
• the tenant is responsible for tenant repairs or minor upkeep, that is, repairs “of minor importance and due to normal use of the premises”;
• repairs deemed to be tenant repairs that are caused solely by wear and tear or force majeure are payable by the landlord;
• the tenant is liable for damage and losses, unless they prove these occurred through no fault of their own.

The Wallex page states that this version is no longer the applicable version: check the up-to-date version.

SPW Logement (the Walloon housing administration) summarises the division in an official document. Payable by the landlord: major repairs, major upkeep, repairs due to normal wear, ageing, force majeure, a construction defect or poor workmanship, and the replacement of broken-down items if the tenant has informed the landlord and the cause is not misuse. Payable by the tenant: tenant repairs, the obligation to use the premises “as a prudent person” (en bon père de famille) and the obligation to inform the landlord within a reasonable time of any defect. Failing that, the tenant may have to bear the worsening of the damage caused by their inaction.

The document states that this division cannot be departed from once the property is the tenant’s main residence. In co-ownership, the division set out in the basic deeds (actes de base) must also be taken into account; see co-ownership.

Examples from the Walloon list

The SPW Logement list is “non-exhaustive”. A few examples:

The wear-and-tear grid in Wallonia

When the tenant leaves the home, the question of wear and tear arises. Wallonia publishes an indicative wear-and-tear grid (grille indicative de vétusté) and a user guide. The grid gives each item a maximum lifespan and an annual depreciation rate, to distinguish normal wear (payable by the landlord) from rapid wear due to poor upkeep or from damage (payable by the tenant).

Example from the guide: interior wall paintwork, maximum lifespan of 8 years, depreciation of 12.5% per year. If the tenant occupied the home for 5 years and everything has to be redone for €1,500, the depreciation is 62.5% (5 × 12.5%). The tenant then pays €562.50 and the landlord €937.50. If the paintwork was already 2 years old at move-in, the depreciation rises to 87.5%: €187.50 for the tenant, €1,312.50 for the landlord. The cost of the works is estimated by a quote. The grid is indicative.

The principle in Brussels

According to be.brussels, article 223 of the Brussels Housing Code provides that the tenant is responsible for tenant repairs, except those caused by wear and tear or force majeure, and for minor upkeep. All other repairs are payable by the landlord.

The mandatory annex to the lease gives an example: even if the contract says the tenant takes on major repairs, the tenant can require the landlord to carry them out. This rule is mandatory. The division of works is compulsory “in application of a non-exhaustive list decided by the Government”: the Government order of 23 November 2017. The parties may add to the list, but may not agree on a contrary division.

Examples cited by the Region:

• Tenant: maintenance and periodic inspection of the boiler, chimney sweeping, descaling taps, cleaning seals and filters, replacing light bulbs and batteries, upkeep of parquet floors, mowing and upkeep of the garden. According to the annex, the tenant also pays for descaling and annual maintenance of water heaters, and annual maintenance of solid-fuel heating.
• Landlord: replacement of a faulty boiler, repair of worn pipes, roof repairs, emptying septic tanks, repair of broken gutters, problems linked to the age of the building.

The tenant remains liable for damage caused by their negligence. They may not, on their own initiative, have works carried out that are the landlord’s responsibility, except in an absolute emergency.

Urgent works during the lease

In Brussels as in Wallonia, the tenant must accept urgent repairs that cannot wait until the end of the lease, even if they cause inconvenience. According to the Brussels annex and the Walloon decree, if they last more than 40 days, the rent is reduced in proportion to the time and to the part of the property the tenant is deprived of. In Brussels, if the repairs make the part needed to house the tenant and their family uninhabitable, the tenant can have the lease terminated.

For related topics: rent indexation, renovation grants and Works: when do you need planning permission?.

Which professional to consult

An approved heating technician for boiler maintenance, a chimney sweep, an electrician. For a disagreement over an inventory of fixtures (état des lieux), the Region’s housing information service (the SPW’s free number 1718 in Wallonia, the Centre d’information sur le logement, the housing information centre, on 0800 40 400 in Brussels).