When can a tenant refuse indexation

Quick answer

A tenant can refuse indexation when: no written request was sent, the calculation is wrong, the property lacks a valid EPC or has a poor label with restrictions, the lease excludes indexation, or the request came before the anniversary date. If all conditions are met, the tenant cannot refuse without valid grounds.

Valid grounds for refusing indexation:

  • No written request from the landlord
  • Incorrect calculation (wrong base rent, wrong index)
  • Missing or non-compliant EPC certificate
  • EPC label subject to indexation restrictions
  • Lease clause excluding indexation
  • Request made before the anniversary date
  • Unregistered lease (limited effect)

When you cannot refuse

If the landlord has:

  • Sent a proper written request with detailed calculation
  • Used the correct indexation formula
  • The property has a valid EPC without restrictions
  • The lease does not exclude indexation
  • The request was made on or after the anniversary date

Then the tenant has no legal basis to refuse. Refusing to pay the correctly indexed rent constitutes a rental arrears that can lead to legal proceedings.

Practical tip

If you disagree with the indexation, always respond in writing explaining your reasons. Do not simply stop paying. Pay the amount you believe is correct and explain the difference in writing to avoid being considered in default.

How to respond to an indexation request

As a tenant, if you receive an indexation request:

  1. Verify the calculation using the official formula
  2. Check the EPC status of your property
  3. Review the lease for any exclusion clause
  4. If everything is correct: accept and adjust your standing order
  5. If incorrect: respond in writing with your own calculation

As a landlord, if the tenant refuses:

  1. Verify your calculation is correct
  2. Send a formal reminder by registered mail
  3. If the tenant persists, refer to the Justice of the Peace

Regional specifics

Brussels-Capital Region

Under the Ordinance of 27 July 2017, EPC restrictions provide additional grounds for refusal (labels E, F, G).

Wallonia

The Decree of 15 March 2018 provides similar EPC-based grounds for refusal.

Flanders

The Flemish Housing Rental Decree of 9 November 2018 provides grounds for refusal based on EPC labels E and F.

Legal basis

Article 1728bis of the Belgian Civil Code. The tenant’s right to refuse is limited to specific legally defined situations.

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