Rent revision before the justice of the peace: judicial procedure
When the landlord and tenant cannot reach agreement on a rent revision at the end of a three-year period, the law provides that either party may refer the matter to the justice of the peace to settle the dispute. The justice of the peace of the judicial district where the rented property is located has exclusive jurisdiction, in accordance with Article 591 of the Belgian Judicial Code. This jurisdiction is a matter of public order: no lease clause can assign the dispute to another court.
The judicial procedure for rent revision is distinct from the unpaid rent recovery procedure. It involves assessing the current rental value of the property — often through a judicial expertise — and comparing it with the current rent. The judge has sovereign power to set the new rent amount, without being bound by the parties’ requests.
How to refer the matter to the justice of the peace
Prerequisites
Before referring the matter to the judge, the applicant (landlord or tenant) must have:
- Complied with the request window (between the 9th and 6th month before the end of the three-year period)
- Sent a revision request by registered post to the other party
- Noted the refusal or lack of response from the other party
Modes of referral
| Mode | Cost | Conditions |
|---|---|---|
| Summons by bailiff | 150 - 300 EUR | Standard route, unilateral |
| Joint petition | Free | Agreement of both parties to refer to the judge |
| Conciliation | Free | Amicable attempt before the judge |
The summons by bailiff is the most common route, as the tenant is rarely inclined to file a joint petition. The landlord mandates a bailiff to summon the tenant to a hearing before the justice of the peace.
Documents to produce
The applicant must prepare a solid file comprising:
- Copy of the lease and any amendments
- Proof of registration of the lease
- Rent history (initial amount, successive indexations, current rent)
- Proof of the revision request (registered letter with acknowledgement of receipt)
- Estimate of the rental value (private expert report, comparable listings, indicative grid)
- Evidence of new circumstances (photos, EPC certificate, neighbourhood developments)
- Invoices for works (in case of revision linked to improvement works)
Judicial expertise: objective assessment of the property
When the judge does not have sufficient elements to assess the rental value, they may order a judicial expertise. A certified property expert is appointed to assess the property.
Course of the expertise:
- Appointment of the expert: the judge selects an expert from the court’s list of certified experts
- Property visit: the expert visits the dwelling in the presence of the parties
- Comparative analysis: the expert compares the property with similar dwellings in the neighbourhood
- Report: the expert drafts a detailed report estimating the rental value of the property, accompanied by a rent proposal
- Parties’ observations: the parties may submit observations on the report
- Final report: the expert incorporates the observations and submits the final report to the judge
Criteria assessed by the expert:
| Criterion | Weight |
|---|---|
| Location and neighbourhood | High |
| Floor area and number of rooms | High |
| General condition of the property | Medium to high |
| EPC and insulation | Medium |
| Facilities (kitchen, bathroom) | Medium |
| Outdoor spaces (terrace, garden) | Low to medium |
| Nuisances and disadvantages | Variable |
Cost of the expertise:
- Simple expertise: 1,500 to 2,000 EUR
- Complex expertise (large property, multiple criteria): 2,000 to 3,000 EUR
- Costs are advanced by the applicant but allocated by the judge in the final judgment
To avoid the cost of a judicial expertise, the parties can produce private valuations or refer to the indicative rent grid (in Brussels). The judge may find these sufficient if they are deemed adequately probative.
Judgment and effects of the revision
Judge’s decision
After examining the file and the expertise, the judge delivers the judgment:
- Revision granted: the judge sets the new rent at an amount corresponding to the normal rental value of the property. This amount may differ from what the landlord requested.
- Revision refused: the judge considers the conditions are not met (insufficient gap, deadlines not respected, circumstances not new). The rent remains unchanged.
- Partial revision: the judge grants an increase or decrease lower than what was requested.
Effects of the judgment
| Aspect | Effect |
|---|---|
| Effective date | First day of the following three-year period |
| Indexation basis | The new rent becomes the new basis |
| Retroactivity | No retroactivity (future effect only) |
| Appeal | Possible within the month following service |
| Costs | Borne by the losing party (or shared) |
After the judgment
The new rent set by the judge automatically applies at the start of the following three-year period. It replaces the base rent in the lease and serves as the reference for future annual indexations. If the judgment provides for an increase, the tenant must pay the new amount from the next due date.
In case of appeal, the judgment is suspended (unless provisional enforcement is ordered) and the case is reheard by the court of first instance. An appeal is possible for judgments involving an amount exceeding 2,000 EUR.
For the legal conditions of revision, consult our page on the conditions for rent revision. If the revision is linked to renovations, our page on revision after renovations details the specific rules.