How to choose a tenant legally in Belgium

The anti-discrimination legal framework in Belgium

Tenant selection is a delicate exercise that must reconcile two imperatives: the landlord’s right to choose a reliable and solvent tenant, and the applicant’s right not to be discriminated against.

In Belgium, three laws govern non-discrimination in housing:

• The Act of 10 May 2007 aimed at combating certain forms of discrimination (anti-discrimination act)
• The Act of 10 May 2007 aimed at combating racism and xenophobia (anti-racism act)
• The Act of 10 May 2007 relating to combating discrimination between women and men (gender act)

The regions have also adopted specific decrees. In Brussels, the Brussels Housing Code includes anti-discrimination provisions. In Wallonia and Flanders, regional decrees supplement the federal framework.

Permitted selection criteria

The landlord can legitimately assess applicants on the basis of objective and proportionate criteria:

Financial solvency

• Income: payslips, employment certificate, tax assessment notice
• Rent-to-income ratio: the common rule is that rent should not exceed 33% of the household’s net income
• Professional stability: type of contract (permanent, fixed-term, self-employed), seniority

Rental quality

• References: certificate from a previous landlord confirming good maintenance and regular payment
• Household size: the property must be suited to the number of occupants (overcrowding standard)
• Intended use: consistency between planned use and the lease purpose

Documents that can be requested

Prohibited selection criteria

The law prohibits refusing an applicant on the basis of 19 protected criteria:

• Origin, nationality, alleged race, skin colour
• Sex, pregnancy, maternity, gender identity, gender expression
• Age
• Sexual orientation
• Marital status, household composition
• Disability, health condition
• Religious or philosophical belief, political belief, trade union belief
• Wealth and source of income (benefits, CPAS, pension)
• Birth, social origin
• Language

Concrete examples

• Legal: refusing an applicant whose net income is 1,200 EUR for a rent of 800 EUR (rent-to-income ratio of 67%)
• Illegal: refusing an applicant whose income of 2,000 EUR comes from CPAS for a rent of 600 EUR
• Legal: preferring a permanent-contract applicant over a temporary-contract applicant, if the latter’s income is insufficient
• Illegal: systematically refusing families with children to “preserve the building”

5-step selection method

Step 1: write a neutral listing

The listing must not contain discriminatory criteria (“ideal for couple without children”, “preferably Belgian”). Describe the property objectively and state the solvency criteria required.

Step 2: organise viewings equally

Treat all applicants the same way: same information, same application form, same questions asked. Document the viewings (date, applicant name, observations).

Step 3: collect documents

Request the same documents from all applicants. Use a standardised form to avoid oversights and unequal treatment.

Step 4: assess objectively

Use an assessment grid based on permitted criteria:

Step 5: notify and archive

Inform unsuccessful applicants factually. Keep application files and your assessment notes for at least 1 year (appeal period for discrimination).

Practical advice for the landlord

1. Standardise your process: same form, same documents, same grid for all applicants
2. Never verbally disclose real reasons for refusal if you are unsure: stay factual (“we have selected another applicant”)
3. Document everything: in the event of a complaint to Unia, your assessment notes prove your good faith
4. Get trained: if you manage several properties, training on anti-discrimination law is a worthwhile investment
5. Use tools: a rental management software helps standardise the application process and retain files

Legal and rigorous selection is your best protection against unpaid rent and disputes. It also protects your reputation: a landlord convicted of discrimination can be listed and see their ability to let seriously impaired. To draft a compliant lease under Belgian law, use our online tools.