Disputing a rent increase as a tenant
How to dispute an unlawful rent increase in Belgium? Procedure and remedies.
Rent increase rules in Belgium
Rent in Belgium is regulated. The landlord cannot increase it freely during the term of the lease.
The 3 legal mechanisms
| Mechanism | Conditions | Frequency |
|---|---|---|
| Indexation | Clause in the lease + registered lease | Annual (anniversary date) |
| Revision | End of each three-year period (3-6-9) | Every 3 years |
| Mutual agreement | Signed lease addendum | At any time |
Any other increase is unlawful and can be contested. See our guide on tenant rights.
Checking the indexation
Calculation formula
Indexed rent = Base rent x (New health index / Starting health index)
Conditions for validity
To index the rent, the landlord must meet 4 conditions:
- The lease contains an indexation clause
- The lease is registered
- The indexation is applied on the anniversary date of the lease
- The regional EPC caps are respected
EPC caps
| EPC label | Wallonia | Brussels |
|---|---|---|
| A-B-C | 100% | 100% |
| D | 75% | 100% |
| E | 50% | Limited |
| F-G | Frozen | Frozen |
For details on the EPC, see our dedicated guide.
Dispute procedure
Step 1: identify the irregularity
| Irregularity | Action |
|---|---|
| Incorrectly calculated indexation | Recalculate using the official formula |
| Indexation without a clause in the lease | Refuse the indexation |
| Unregistered lease | Remind the landlord that indexation is not possible |
| EPC cap not respected | Provide the EPC certificate |
| Increase outside indexation | Refuse and cite the law |
Step 2: notify the landlord
Send a registered letter:
- Cite the legal rules
- State the correct rent amount
- Request cancellation of the unlawful increase
- Set a response deadline (15 days)
Step 3: continue paying the correct amount
Continue paying the correct rent (before the unlawful increase). Keep proof of your payments.
Legal remedies
Referring to the justice of the peace
If the landlord persists with the unlawful increase:
- Refer the matter to the justice of the peace in the canton where the property is located
- Present evidence (lease, correspondence, calculations)
- The judge finds the irregularity and sets the correct rent
- Reimbursement of overpayment is possible
Limitation period
The tenant can claim reimbursement of overpayment for the last 5 years (limitation period for periodic claims).
Prevention
- Check the indexation calculation each year
- Use the FPS Economy calculator
- Keep all correspondence relating to rent
- Make sure the lease is registered
For questions on rent and charges, see our guides on leases and contracts and rental disputes.