Tenant in collective debt settlement in Belgium
Your tenant is undergoing collective debt settlement in Belgium. Impact on the lease, rent payment, role of the mediator and landlord's rights.
Collective debt settlement in Belgium
Collective debt settlement (RCD) is a legal procedure (articles 1675/2 to 1675/19 of the Judicial Code) that allows an over-indebted individual to obtain a repayment plan adapted to their capacity. The procedure is supervised by a debt mediator appointed by the labour court.
The RCD concerns only natural persons (not companies — for companies, it is bankruptcy). The tenant under RCD continues to occupy the dwelling and pay the current rent.
The steps
- Application to the labour court by the tenant (with the help of a mediation service)
- Admissibility: the court declares the settlement admissible
- Appointment of a debt mediator (lawyer or notary)
- Repayment plan: the mediator proposes a repayment plan to creditors
- Execution: the plan generally lasts 5 to 7 years
- Debt remission: at the end of the plan, remaining debts are discharged
Current rent (post-admissibility) is a priority living expense. It continues to be paid normally, outside the repayment plan. The landlord is not affected for future rent payments.
Impact on the lease
What does NOT change
| Element | Status |
|---|---|
| The lease | Continues normally |
| Current rent | Paid by the tenant (living expense) |
| Current charges | Paid by the tenant |
| Tenant’s rights | Unchanged |
| Tenant’s obligations | Unchanged |
What changes
| Element | Before RCD | After RCD |
|---|---|---|
| Rent arrears | Directly recoverable | Subject to the repayment plan |
| Attachment against the tenant | Possible | Suspended (all attachments frozen) |
| New lease | Freely negotiated | The mediator must give consent |
The debt mediator
The mediator manages all of the tenant’s income and expenditure. Rent is considered a priority expense and is paid first. The landlord should not notice any change in the payment of current rent.
Recovering arrears
Arrears prior to the RCD
Rent arrears prior to the admissibility of the settlement are claims subject to the plan. The landlord must:
- File their claim with the mediator within the set deadlines (generally 30 days)
- Await the repayment plan which sets the amount and schedule of repayment
- Accept the plan or challenge it before the labour court
The recovery rate depends on the plan: the landlord can recover between 20 and 100% of their claim, spread over 5 to 7 years.
Arrears after the RCD
If the tenant stops paying current rent after the RCD admissibility, this is a new breach not covered by the plan. The landlord can:
- Contact the mediator to report the problem
- Send a formal notice to the tenant
- Refer to the justice of the peace for lease termination (if arrears are repetitive)
The RCD does not protect the tenant against termination for non-payment of current rent.
Advice for the landlord
Do
- File your claim with the mediator within the deadlines (pre-RCD arrears)
- Monitor current payments — they must continue normally
- Communicate with the mediator in case of payment problems
- Keep the rental deposit — it is not affected by the RCD
Do NOT
- Do not terminate the lease solely on the grounds of the RCD (not a legal ground)
- Do not attempt attachment — all attachments are suspended during the RCD
- Do not harass the tenant — address the mediator instead
- Do not refuse to rent to a person under RCD (discrimination)
Tracking
A rental management software detects payment delays and alerts you immediately. To create a lease with the appropriate protections, use our online lease generator. For other situations, see our case studies.