Valid grounds for contesting indexation
Yes, a tenant can contest rent indexation when: the calculation is wrong (wrong base rent or index), the landlord did not send a written request, the property has a poor EPC label subject to restrictions, or the indexation was applied before the anniversary date.
The main grounds for contesting are:
- Calculation error: wrong base rent, wrong health index, wrong period
- No written request: indexation was applied without a formal notification
- EPC non-compliance: the property’s energy label triggers indexation restrictions
- Premature indexation: applied before the lease anniversary date
- Lease exclusion clause: the lease explicitly excludes indexation
- Unregistered lease: in some cases, an unregistered lease may limit indexation rights
Step-by-step procedure to contest
- Verify the calculation yourself using the indexation formula and official Statbel data
- Write to the landlord: explain the error, provide your own calculation, request correction
- Send by registered mail if the landlord does not respond within a reasonable time (2 weeks)
- Request reimbursement of any overpaid amounts
- Contact the Justice of the Peace (juge de paix) if the landlord refuses to correct
Always contest in writing with detailed calculations and references to official Statbel data. A well-documented complaint is much more likely to be resolved without court proceedings.
Evidence to gather
To support your contestation, collect:
- Original lease: showing the base rent and signing date
- Statbel indices: official health index for both the starting and new periods
- Your own calculation: showing the correct indexed rent
- Landlord’s notification: the indexation request you received
- Payment records: showing amounts paid (especially if overpayment occurred)
- EPC certificate: if EPC restrictions are part of the contestation
Regional specifics
Brussels-Capital Region
Under the Ordinance of 27 July 2017, tenants can contest indexation based on EPC restrictions. Properties with labels E, F or G face limitations or a complete freeze.
Wallonia
The Decree of 15 March 2018 provides similar EPC-based contestation grounds. The Justice of the Peace of the property location has jurisdiction.
Flanders
The Flemish Housing Rental Decree of 9 November 2018 provides for contestation based on EPC E and F labels. Proceedings must be in Dutch.
Article 1728bis of the Belgian Civil Code. Disputes are heard by the Justice of the Peace (juge de paix/vrederechter) of the canton where the property is located.