What is a co-tenancy agreement?

The co-tenancy agreement is a document that supplements the shared housing lease. It governs communal living between co-tenants, independently of the landlord.

Unlike the lease, which defines the obligations between the landlord and the tenants, the agreement organises the internal relationship between co-tenants. The landlord is not a signatory and is not concerned by its content.

The agreement covers practical matters that the lease does not address: allocation of household chores, noise rules, management of shared spaces, the procedure for replacing a co-tenant and detailed allocation of charges.

It is a conflict-prevention tool. Without an agreement, disagreements between co-tenants have no written framework for resolution, making mediation and any proceedings more difficult.

Standard content of the co-tenancy agreement

A comprehensive co-tenancy agreement covers four main areas.

Financial allocation:

  • Method of rent allocation (equal shares or proportional to room size).
  • Allocation of common charges (water, heating, internet, insurance).
  • Subscription management: who takes out which contract and in whose name.
  • Common fund for shared purchases (cleaning products, small furniture items).

Communal living rules:

  • Allocation of household chores (schedule, rotation).
  • Quiet hours and noise rules.
  • Use of shared spaces (kitchen, bathroom, living room).
  • Pets: permission, conditions, upkeep.
  • Guests and overnight stays: frequency, maximum duration, contribution to charges.

Departure and replacement:

  • Internal notice period between co-tenants (separate from the legal notice to the landlord).
  • Responsibility for finding a replacement (departing co-tenant or collective effort).
  • Selection criteria for the new co-tenant.
  • Interim property inspection between the outgoing and incoming co-tenant.
  • Transfer of subscriptions and share of the rental guarantee.

Conflict resolution:

  • Internal mediation procedure before any legal action.
  • Voting rules for collective decisions (unanimity or majority).
  • Consequences for repeated breaches of the agreement.

The co-tenancy agreement does not have the same status across the three Belgian regions.

Wallonia

Since the Decree of 15 March 2018, the co-tenancy agreement has been compulsory for every shared housing lease in Wallonia. It must be annexed to the lease and signed by all co-tenants. The decree imposes minimum content: allocation of rent and charges, individual departure procedure and replacement procedure.

Brussels

The Brussels Ordinance of 27 July 2017 recognises the shared housing lease and the associated agreement, without making it compulsory. The agreement is nevertheless strongly recommended by the regional authorities. It is binding between co-tenants once signed by all.

Flanders

The Vlaams Woninghuurdecreet (2019) regulates shared housing but does not impose a specific obligation regarding the agreement. In practice, drafting one is equally recommended to safeguard the relationship between co-tenants.

Regardless of the region, the agreement is a private contract between co-tenants. Its breach may give rise to damages before the justice of the peace, even in the absence of a regional obligation.

Tips for drafting an effective agreement

For a co-tenancy agreement to fulfil its role, several best practices apply:

  • Be specific: avoid vague wording. State amounts, frequencies and concrete deadlines.
  • Date and sign: every co-tenant must sign the agreement. Date the document to establish its validity over time.
  • Provide for amendments: include a revision clause allowing the agreement to be updated by unanimous consent of the signatories.
  • Annex to the lease: even though the landlord is not a party, annexing the agreement to the lease helps prove its existence.
  • Tailor to the household: an agreement is not a generic template. It should reflect the reality of each shared household (number of co-tenants, property layout, budget).

Our shared housing lease template includes a pre-filled, customisable co-tenancy agreement.

The co-tenancy agreement is a powerful tool, but it has its limits.

What the agreement can do: organise communal living, set out the internal allocation of charges, define departure and replacement procedures, serve as evidence in the event of a dispute between co-tenants.

What the agreement cannot do: alter the co-tenants’ obligations towards the landlord, override the joint liability clause in the lease, impose rules on the landlord, or replace the lease.

In other words, the agreement governs horizontal relationships (between co-tenants) but does not affect vertical relationships (between co-tenants and landlord). A co-tenant who breaches the agreement may be pursued by the other co-tenants, but the landlord is not concerned by these internal disputes.

For complete protection, the lease and the agreement must be consistent. Verify that the lease clauses (joint liability, individual departure, charges) are compatible with the rules in the agreement.

See also: rights and obligations of co-tenants.