In Belgium

Disturbance of enjoyment (trouble de jouissance / genotstoornis) occurs when a tenant’s right to quiet enjoyment is impaired. Under Belgian law, this can arise from the landlord’s actions, from defects in the property or from third parties for whom the landlord is responsible.

Common causes in rental law:

  • Persistent dampness, mould or water infiltration
  • Defective heating or plumbing not repaired by the landlord
  • Unauthorised entry by the landlord
  • Major renovation works in common areas or adjacent units
  • Insalubrity of the dwelling

How it works

Notification. The tenant must inform the landlord of the disturbance in writing, preferably by registered letter, describing the problem and requesting a remedy within a reasonable timeframe.

Proportionality. The remedy depends on the severity. Minor inconveniences (e.g. a dripping tap for a few days) do not constitute actionable disturbances. Significant impairment (e.g. no hot water for weeks) does.

Remedies available:

  • Rent reduction proportional to the loss of enjoyment
  • Damages for additional losses (e.g. temporary accommodation costs)
  • Judicial termination of the lease at the landlord’s expense
  • Court-ordered repairs under penalty payment

Burden of proof. The tenant must demonstrate the disturbance, its duration and its impact. Photographs, expert reports and written correspondence serve as evidence.

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Warning
A tenant who stops paying rent because of a disturbance without first obtaining a court order risks being held in breach themselves. Always continue paying rent and file a claim with the justice of the peace to request a reduction or termination.

Practical example

A tenant discovers severe mould in the bedroom caused by a structural dampness issue. They notify the landlord by registered letter. After 2 months without response, the tenant files with the justice of the peace. The judge appoints an expert who confirms the landlord’s responsibility. The court orders repairs within 60 days, a 30% rent reduction for the 5-month disturbance period (savings: 1,350 EUR) and 500 EUR in damages.