The tenant must allow reasonable visits
Yes. During the notice period, the tenant must accept reasonable visits for re-letting. Belgian practice typically allows maximum 2 hours per day, 2 days per week, at times agreed with the tenant. The landlord must give prior notice and the tenant cannot systematically refuse all visits.
The obligation to allow visits derives from the principle of good faith in contract performance (Article 1134 of the Civil Code). The tenant’s right to peaceful enjoyment must be balanced against the landlord’s legitimate interest in re-letting the property promptly.
Key principles:
- Visits must be arranged at mutually convenient times
- The landlord must give adequate notice (at least 24-48 hours)
- The frequency must be reasonable — not daily
- The tenant must be present or authorise access
What are reasonable limits?
In the absence of a specific lease clause, Belgian courts generally accept: maximum 2 hours per day, 2 days per week, during reasonable hours (typically 10:00-18:00 on weekdays, 10:00-13:00 on Saturdays). No visits on Sundays or public holidays.
| Aspect | Reasonable | Unreasonable |
|---|---|---|
| Frequency | 2 days/week | Daily visits |
| Duration | 2 hours per visit | Half-day sessions |
| Hours | 10:00-18:00 weekdays | Before 9:00 or after 20:00 |
| Notice | 24-48 hours | Same-day or no notice |
| Presence | Tenant present or agrees | Landlord enters without consent |
If the lease contains a visit clause, its terms apply. However, even a lease clause cannot impose unreasonable conditions that would effectively deprive the tenant of peaceful enjoyment.
A tenant who systematically refuses all visits can be held liable for the landlord’s loss of rent during the vacancy period that results from the inability to show the property. Conversely, a landlord who imposes excessive visits can be liable for violating the tenant’s peaceful enjoyment.
What if the tenant refuses visits?
If the tenant refuses all visits despite reasonable requests, the landlord can:
- Send a formal notice requesting compliance with the visit obligation
- Apply to the justice of the peace for an order compelling the tenant to allow visits
- Potentially claim damages for lost rent if the refusal delayed re-letting
Conversely, if the landlord imposes excessive visits, the tenant can:
- Send a formal notice requesting that visits be limited to reasonable conditions
- Apply to the justice of the peace for a ruling on the visit schedule
- Potentially claim damages for disturbance of peaceful enjoyment
In practice, most disputes are resolved through negotiation. A clear visit clause in the lease is the best prevention.
Regional specificities
Brussels-Capital Region
The ordinance of 27 July 2017 reinforces the tenant’s right to peaceful enjoyment. Visit clauses must be proportionate. Brussels courts tend to enforce the 2-hour, 2-day-per-week standard.
Walloon Region
The decree of 15 March 2018 follows similar principles. Walloon case law is consistent with the general standard of reasonable visit conditions.
Flemish Region
The Flemish Housing Rental Decree of 9 November 2018 protects the tenant’s rustig genot (peaceful enjoyment). Visit clauses are enforced if reasonable and proportionate.
Article 1719 of the Belgian Civil Code (peaceful enjoyment). Article 1134 (good faith in contract performance). Regional tenancy legislation.