Rehousing is required when the property is uninhabitable
Yes, if works make the property completely uninhabitable, the landlord must offer temporary rehousing or financial compensation (hotel, temporary rental). If works last more than 40 days, the tenant can request a rent reduction. If the property remains partially habitable, rehousing is not mandatory, but a proportional compensation may still be due.
The landlord’s obligation to rehouse derives from article 1719 of the Civil Code: the landlord must guarantee the tenant’s peaceful enjoyment of the property throughout the lease. Major works that render the property uninhabitable breach this obligation.
Forms of compensation
| Situation | Landlord’s obligation |
|---|---|
| Property completely uninhabitable | Rehouse or compensate (hotel, temporary rental) |
| Property partially habitable | Proportional rent reduction |
| Works last less than 40 days | No rent reduction, but tenant must tolerate |
| Works last more than 40 days | Rent reduction proportional to loss of enjoyment |
| Tenant’s belongings damaged | Full compensation for damage |
Before works begin, negotiate the rehousing arrangements in writing: where the tenant will stay, who pays, for how long, and what happens with rent during this period. A written agreement prevents disputes.
Tenant’s options during major works
If the landlord fails to provide adequate rehousing or compensation:
- Send a registered letter demanding rehousing or compensation
- File a claim with the justice of the peace
- The judge can order: rent suspension, compensation, or lease termination
- In extreme cases, the tenant can request judicial authorisation to arrange their own temporary housing at the landlord’s expense
The tenant should never stop paying rent unilaterally. Only the justice of the peace can authorise rent suspension or reduction.
Regional specifics
Brussels-Capital Region
The Ordinance of 27 July 2017 reinforces the landlord’s obligation to maintain habitability during works. Brussels tenants can contact the DIRL (Regional Housing Inspection) for support.
Wallonia
The Decree of 15 March 2018 applies the same rehousing obligations.
Flanders
The Flemish Housing Rental Decree of 9 November 2018 confirms the landlord’s rehousing obligation for works making the property uninhabitable.
Civil Code, article 1719 (landlord’s obligation of peaceful enjoyment). Civil Code, article 1724 (40-day rule for works). Civil Code, article 1722 (destruction or uninhabitability).