The landlord can be represented
The landlord does not need to attend in person, but the inventory must remain contradictory — two parties present. The landlord can appoint a representative (property manager, agent, family member) with a written mandate. An inventory done without the landlord or their representative has no value against the landlord.
| Scenario | Valid? |
|---|---|
| Landlord present in person | Yes |
| Landlord represented (written mandate) | Yes |
| Only tenant present | No (not contradictory) |
| Independent expert with both parties | Yes (strongest) |
| Expert with only the tenant | No (not contradictory) |
Who can represent the landlord?
The landlord can appoint: a property management agency, a real estate agent, a family member, a lawyer, or any trusted person. A written mandate specifying the representative’s identity and authority is essential.
The representative should:
- Have authority to sign the inventory on the landlord’s behalf
- Be familiar with the property (ideally having visited it)
- Have the entry inventory available for comparison (at exit)
- Be able to note observations and reservations
- Sign with the mention “for and on behalf of [landlord name]”
The landlord’s representative’s signature binds the landlord. If the representative overlooks damage or signs without noting reservations, the landlord may have difficulty contesting the inventory later. Choose a representative who is thorough and attentive.
If the landlord refuses to attend or send a representative
If the landlord refuses to participate in the inventory:
- The tenant can send a formal notice requesting the landlord’s attendance or representation
- If the landlord still refuses, the tenant can apply to the justice of the peace for an order
- The court can appoint a judicial expert to conduct the inventory
- The costs may be borne by the refusing party
The tenant should never accept conducting an inventory alone. Without the landlord’s participation (or their representative’s), the document has no contradictory value and cannot be used against the landlord.
Regional specificities
Brussels-Capital Region
The ordinance of 27 July 2017 requires a contradictory inventory. Either party can insist on the other’s attendance or representation.
Walloon Region
The decree of 15 March 2018 provides the same protections. The refusing party may bear the costs of the judicial procedure.
Flemish Region
The Flemish Housing Rental Decree of 9 November 2018 requires a contradictory plaatsbeschrijving. The decree provides mechanisms for resolving disputes about attendance.
Article 1730 of the Belgian Civil Code (contradictory inventory). Judicial Code (appointment of judicial expert). Regional tenancy legislation.