The rental guarantee
The rules governing the rental guarantee are specific to Flanders since each of the 3 Belgian regions has adopted its own rules concerning the residential lease.
In the Flanders region, the regional housing code has been in force since January 1, 2020. This regional regulation replaces the federal law with regard to leases for the main residential residence.
To understand the specificities specific to the Walloon region, you can read our page on rental guarantees in Wallonia. Regarding the new law on housing in the Brussels capital region, read our page on the Brussels rental guarantee.
The law in force at the federal level of Belgium with regard to the lease of a principal residential residence is the law on rents. The last update of this federal law took place during its 14th edition in March 2013.
In recent years, each region has instituted its own regional regulations concerning residential leases. Flanders implemented a new Housing Code in 2019 which replaces the federal law on leases for the main residence.
The Flanders Housing Code largely follows the main lines and rules of ordinary 9-year leases from the old federal law.
On the other hand, on certain aspects of main residence leases, the regional housing code incorporates rules exclusive to Flanders.
The maximum amount is different depending on the type of rental guarantee.
- In Flanders, as in other Belgian regions, in the context of a bank guarantee obtained directly or with the help of the CPAS, the amount of the bank guarantee must represent 3 months of rent for the rented property;
- As part of a rental guarantee set up on a blocked account, the amount payable by the lessor is a maximum of 3 months rent in Flanders. This rule is specific to the Fandre;
- Within the framework of other types of possible guarantees, the law does not set out principles and leaves the agreement of the parties to the contract free. However, it is customary to withhold a maximum of 3 months’ rent in the Flemish region as part of a deposit obtained from a guarantor, for example.
Flanders offers several types of aid to successfully constitute a rental guarantee. These solutions are accessible to people with low incomes and their obtaining process is anonymous in order to fight against discrimination.
The main aid in Flanders is offered by the Flemish Housing Fund. Since January 1, 2019, a zero-interest loan has been offered by Flanders to people with financial difficulties. The loan amount is limited to 1,800 euros, this amount may be increased depending on the composition of the family home. This loan must be repaid in 2 years by the beneficiary tenant.