The landlord wants to raise the rent unfairly
Your landlord wants to increase the rent unfairly in Belgium. Indexation rules, prohibited mid-lease increases and tenant's remedies.
Rent increase rules in Belgium
Rent in Belgium is strictly regulated. The landlord cannot freely increase the rent during the lease.
| Situation | Increase possible | Limit |
|---|---|---|
| During the lease | Annual indexation only | Health index |
| At triennial deadline | Revision by agreement or judge | Market value |
| Between tenants | Free | Indicative grid (Brussels) |
| After works (between tenants) | Free | Proportional to the added value |
| EPC E-G lease (Brussels) | No indexation | Blocked since 2022 |
In Fatima’s case, the landlord announces +15% without legal grounds. This is illegal during the lease. Only annual indexation (approximately 2-3%) is permitted.
If the landlord announces an illegal increase, refuse in writing and continue to pay the normal rent (indexed if applicable). Do not give in to pressure. The landlord cannot evict you for having refused an illegal increase.
Legal indexation: the only permitted increase
The mechanism
Indexation is an automatic adjustment of the rent based on the health index (consumer price index excluding tobacco, alcohol, fuels). It is permitted once per year, on the anniversary date of the lease.
Formula
Indexed rent = base rent x new health index / health index of the month of signing
Example for Fatima
- Base rent (2022): 750 EUR
- Health index at signing: 110
- Current health index: 118
- Indexed rent: 750 x 118 / 110 = 804.55 EUR
The legal increase is 54.55 EUR (7.3% over 4 years), not 110 EUR (15%) as the landlord demands.
EPC block
In Brussels, properties with EPC E, F or G cannot be indexed since October 2022. Fatima should check the EPC score of her apartment.
For the indexation calculation, see our guide on rent and charges.
Recognising an abusive increase
Illegal situations
| Situation | Legal? |
|---|---|
| 15% increase without grounds | No |
| Indexation exceeding the health index | No |
| Increase for “works carried out” during the lease | No (unless written agreement) |
| Increase for “market rise” during the lease | No |
| Eviction threat if increase refused | No (blackmail) |
| Indexation on an EPC E-G property in Brussels | No (blocked) |
Legal situations
| Situation | Legal? |
|---|---|
| Annual indexation according to the health index | Yes |
| Revision at the triennial deadline (by agreement or judge) | Yes |
| Increase between tenants | Yes |
| Increase agreed by written amendment | Yes |
Your recourse as a tenant
Step 1: Refuse in writing
Send a registered letter to the landlord:
- Reminder of the indexation rules (applicable law)
- Calculation of the legal indexed rent
- Refusal of the requested increase
- Commitment to pay the legal rent (indexed if applicable)
Step 2: Continue to pay the normal rent
Pay the legal rent (indexed if applicable), not the amount demanded by the landlord. Keep payment evidence.
Step 3: Refer to the justice of the peace
If the landlord insists, threatens or refuses payments:
- File a conciliation application (free)
- If conciliation fails, refer to the justice of the peace
- The judge will set the legal rent and can order the landlord to pay damages
Step 4: Legal aid
- Municipal mediation service (free)
- Bar legal aid (if modest income)
- Tenant associations (SNPC on the landlord side; no official tenant union in Belgium but associations exist)
Request reimbursement of overpayment
If you have already paid the illegal increase, you can claim reimbursement of the overpayment before the justice of the peace. The limitation period is 5 years.
To check the legal amount of your rent, use our online lease generator which calculates indexation automatically. For other cases, see our case studies.