6 months’ notice at the end of a three-year period

Quick answer

The landlord can only terminate a 9-year lease at the end of each three-year period (year 3, 6, or 9) with 6 months’ notice and a valid reason. The three reasons are: personal occupation, major works, or without reason (with compensation). Between these periods, the landlord cannot terminate unilaterally.

The landlord’s termination right is much more restricted than the tenant’s:

  • Can only give notice at three-year intervals
  • Must provide 6 months’ notice (vs 3 months for tenants)
  • Must state a valid legal ground in the notice letter
  • Must actually carry out the stated purpose, under penalty of 18 months’ compensation

The three valid grounds

GroundConditionsCompensation to tenant
Personal occupationBy the landlord or a relative up to the 3rd degreeNone
Major worksCost exceeding 3 years of rent, affecting the structureNone (or 6 months if not at end of 1st three-year period)
Without reasonNo justification required9 months (end of 1st period), 12 months (2nd), 15 months (3rd)

For personal occupation, the landlord must specify who will occupy the property in the notice letter. The named person must actually move in within 1 year and occupy the property for at least 2 years.

For major works, the landlord must provide evidence of the planned works (building permits, contractor quotes). The works must be structural and make the property uninhabitable during construction.

False grounds: 18 months' penalty

If the landlord invokes personal occupation or major works but does not actually carry them out, the tenant is entitled to 18 months’ rent as compensation. This penalty is severe and frequently enforced by courts.

Timing and calculation

For a lease starting 1 January 2023:

Period end dateNotice must be sent byReason required
31 December 2025 (year 3)30 June 2025Yes
31 December 2028 (year 6)30 June 2028Yes
31 December 2031 (year 9)30 June 2031Yes

If the landlord misses the deadline, they must wait for the next three-year period. There is no grace period or exception.

Regional specifics

Brussels-Capital Region

The Ordinance of 27 July 2017 applies the same 6-month notice requirement and the three legal grounds.

Wallonia

The Decree of 15 March 2018 follows the same framework. Walloon case law strictly enforces the 18-month penalty for false grounds.

Flanders

The Flemish Housing Rental Decree of 9 November 2018 confirms the same rules and penalties.