How to select a tenant without discriminating in Belgium
Practical guide to selecting a tenant in Belgium without breaching anti-discrimination law. Authorised criteria, prohibited criteria and evaluation grid.
The legal framework for tenant selection in Belgium
Selecting a tenant is a delicate balance between the landlord’s contractual freedom and the candidate’s right to non-discrimination. In Belgium, three laws govern this selection:
- The federal anti-discrimination law of 10 May 2007
- The gender law of 10 May 2007
- The anti-racism law of 30 July 1981
These laws apply from the publication of the listing and cover the entire process: listing, viewing, selection, signing of the lease. Penalties range from civil fines to criminal conviction.
Since 2019, the Belgian regions authorise situation tests (mystery shopping) to detect rental discrimination. Actors send fictitious applications with identical profiles except for one protected criterion (name, origin). If a difference in treatment is detected, the landlord risks an administrative fine.
In practice, more than one in four prospective tenants in Belgium reports having been a victim of discrimination. The subject is taken very seriously by the authorities and courts.
Prohibited selection criteria
Any refusal based on a protected criterion is discrimination, even if other “objective” grounds are cited in parallel. The judge can convict the landlord if the protected criterion played a role, even partially, in the decision.
The 19 protected criteria
The law prohibits any discrimination based on:
- Nationality or ethnic origin
- Alleged race or skin colour
- Descent
- Sex
- Age
- Sexual orientation
- Marital status
- Birth
- Wealth (except objective solvency)
- Religious or philosophical beliefs
- Political opinions
- Trade union membership
- Language
- Current or future health condition
- Disability
- Physical characteristics
- Genetic characteristics
- Social origin
- Family situation (number of children, single parent)
Concrete examples of discrimination
- Refusing a candidate because they have “a foreign-sounding name”
- Favouring “young couples without children”
- Refusing a person receiving social benefits (if solvent)
- Asking for nationality to “verify right of residence” (the identity card suffices)
- Refusing a pregnant woman or a single-parent family
To know which documents you can request, consult our guide on the documents required for renting.
The selection method in practice
Step 1: define the criteria before publishing
Before putting the listing online, list in writing your 3 to 5 selection criteria. Example: solvency (33% ratio), immediate availability, non-smoker, no pets (co-ownership). These criteria will be the same for all candidates.
Step 2: use an evaluation grid
Create a table with criteria as columns and candidates as rows. Score each criterion from 1 to 5. This grid objectifies your decision and constitutes evidence in case of challenge.
Step 3: ask the right questions at viewings
- “What is your current professional situation?”
- “How long have you been living in your current accommodation?”
- “How many people would occupy the property?”
- “When would you like to move in?”
Step 4: document your choice in writing
Keep a written record of the reason for the final choice. “Candidate A selected: permanent contract for 3 years, rent-to-income ratio of 28%, available on the 1st of the month.” This documentation protects you.
To understand everything about preparing a good application file, consult our guide from the tenant’s perspective.
Remedies and penalties in case of discrimination
Possible penalties
- Administrative fine: the regions can impose fines in the event of a positive situation test
- Damages: the discriminated candidate can obtain civil compensation (minimum flat-rate of 650 EUR)
- Criminal penalty: in the event of intentional discrimination, a prison sentence of 1 month to 1 year and/or a fine of 50 to 1,000 EUR is possible
- Nullity of the clause: any discriminatory clause in the lease is null and void by operation of law
Where to complain?
- Unia (Interfederal Centre for Equal Opportunities): free reporting, mediation, legal action
- Institute for the Equality of Women and Men: for gender discrimination
- Regional services: housing inspection of each region
The best protection against discrimination accusations is transparency: clear criteria published in the listing, identical evaluation grid, files kept, justified refusals. A landlord who can document their selection method has nothing to fear.
To manage the entire letting process professionally, discover the rental management tools from BailBelgique, with a lease agreement online compliant with the legislation.
Frequently asked questions
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The anti-discrimination law prohibits selection based on ethnic origin, nationality, sex, age, sexual orientation, marital status, family situation (children), disability, health condition, religious or philosophical beliefs, political opinions, wealth (except objective solvency), and physical appearance. Any direct or indirect discrimination is subject to criminal penalties.
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A landlord can prohibit pets in the lease, unless the animal is an assistance dog for a disabled person (prohibited discrimination). If the listing states 'no pets', this is a criterion applicable to all candidates. In co-ownership, the building rules may also prohibit certain animals.
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In the event of a complaint, it is up to the landlord to prove that the refusal is based on objective criteria. Hence the importance of documenting the selection: identical evaluation grid for all, criteria defined in advance, files kept. The Interfederal Centre for Equal Opportunities (Unia) handles complaints and can conduct situation tests.
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Yes. Requesting payslips or the tax assessment notice to evaluate solvency is an authorised objective criterion. However, requesting a bank account statement or debt record is not authorised as it goes beyond solvency verification.
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