The tenant must be present or represented
Yes. The inventory must be contradictory: both parties must be present or represented. An inventory done without the tenant and without their representative has no legal value against the tenant. The tenant can appoint a representative with a written mandate if they cannot attend personally.
Requirements:
| Situation | Valid inventory? |
|---|---|
| Both parties present | Yes |
| Tenant represented (written mandate) | Yes |
| Only landlord present | No — not contradictory |
| Only tenant present | No — not contradictory |
| Both represented | Yes |
| Expert with both parties | Yes (strongest) |
Appointing a representative
If the tenant cannot attend, they can appoint any person as their representative with a written mandate. The representative acts on the tenant’s behalf and their signature binds the tenant. The mandate should specify: the representative’s identity, the scope of the mandate, and the date.
Who can represent the tenant:
- A family member or friend
- A lawyer
- A tenant association representative
- Any trusted person with a written mandate
The representative should:
- Be familiar with the property (ideally having visited it)
- Understand what to look for (damage, defects, pre-existing issues)
- Note any disagreements on the document
- Sign on behalf of the tenant
An oral mandate may be contested. Always provide a written mandate specifying the representative’s authority. The representative’s signature has the same legal force as the tenant’s own signature.
What if the tenant refuses to attend?
If the tenant refuses to attend or to appoint a representative:
- The landlord can send a formal notice requesting the tenant’s attendance
- If the tenant still refuses, the landlord can apply to the justice of the peace for an order
- The court can appoint a judicial expert to conduct the inventory
- The costs of the judicial procedure may be borne by the refusing party
In practice, it is in the tenant’s best interest to attend the inventory. Without their presence and signature, the inventory has no value against them — but this also means they lose the protection of a documented entry condition.
Regional specificities
Brussels-Capital Region
The ordinance of 27 July 2017 requires a contradictory inventory. Either party can insist on having one done, and the other cannot refuse without consequences.
Walloon Region
The decree of 15 March 2018 confirms the contradictory requirement. The Walloon decree provides that either party can request an expert if the other refuses to participate.
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). Regional tenancy legislation (mandatory attendance or representation).