Rent reduction for unrealised works: tenant's rights
Can the tenant request a rent reduction if the landlord fails to carry out promised works? Conditions, procedure, and case law in Belgium.
- 01 The tenant's right
- 02 Procedure
- 03 Amount of the reduction
- 04 What to do
The tenant’s right to a rent reduction
The landlord is obliged to maintain the property in good condition (article 1720 of the Civil Code). If the landlord fails to carry out necessary works, the tenant may request a rent reduction.
| Situation | Tenant’s right |
|---|---|
| Works promised in the lease not carried out | Rent reduction or forced execution |
| Failure to maintain (landlord’s obligation) | Rent reduction |
| Unsanitary conditions | Reduction + damages |
| Cosmetic works not carried out | Generally no reduction |
The tenant cannot decide alone to reduce or withhold the rent. Only the justice of the peace can authorise it.
Procedure to obtain a rent reduction
Step 1: formal notice
Send a formal notice by registered letter to the landlord:
- Describe the works not carried out
- Cite the lease clause or legal article
- Set a deadline (15-30 days)
Step 2: application to the justice of the peace
If the landlord does not respond, apply to the justice of the peace. You may request:
- An order to carry out the works with a penalty
- A rent reduction from the date of the formal notice
- Damages
Evidence to gather
Gather evidence: photos of defects, lease clause, formal notice, repair estimates, testimonies.
Amount of the rent reduction
The judge sets the reduction on a case-by-case basis, proportionate to the loss of enjoyment:
| Severity of defect | Typical reduction |
|---|---|
| Minor (tap, paint) | 5-10% |
| Medium (partial heating, damp) | 10-25% |
| Severe (no heating, unsanitary) | 25-50% |
| Uninhabitable | Full suspension of rent |
[!warn] Warning Never withhold rent on your own initiative. Pay normally and request the reduction from the judge. Unilateral withholding exposes you to an action for unpaid rent.
What to do when the landlord does not carry out works
Send a formal notice, document everything and apply to the judge if necessary. The tenant has strong rights against a defaulting landlord.
See the guide on rights and obligations and the rental disputes guide. Use a rental management software to document exchanges.
Frequently asked questions
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Yes, if the landlord fails to meet the maintenance obligation or does not carry out works promised in the lease. The tenant must first send a formal notice, then apply to the justice of the peace, who may grant a proportional rent reduction.
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No, the tenant cannot unilaterally deduct the cost of works from the rent. Written agreement from the landlord or authorisation from the justice of the peace is required. Without agreement, the tenant risks an action for unpaid rent.
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Works related to health, safety, and normal enjoyment of the dwelling: faulty heating, untreated damp, unrepaired leak, dangerous electrical installation. Purely aesthetic works generally do not justify a reduction.