Who Now Pays for Rental Repairs in Flanders?

In Flanders, there has always been some confusion over who is responsible for rental repairs. Whether it's a broken tap, a leaking toilet, or garden maintenance, the question of who bears the cost often leads to disputes between tenants and landlords. Fortunately, clarity has been brought to this issue with a list that was published in the Belgian Official Gazette on December 19, 2023. This list specifies exactly which repairs a tenant is responsible for and which tasks are for the landlord to cover.

What Does the List Include?

The list provides a clear overview of repairs and maintenance tasks that are assigned to the tenant or landlord. This includes both interior and exterior work, as well as specific tasks that are typically the tenant's responsibility. For example, tenants are now responsible for trimming trees and shrubs in the garden and preventing outdoor taps from freezing during winter.

When it comes to the interior of the property, tenants are responsible for periodically cleaning the heating boiler and repairing leaking taps, unless the tap needs to be completely replaced. Additionally, the tenant must replace the float valve of a leaking toilet, unless it is difficult to access.

Exceptions in Favor of the Tenant

While the list clearly outlines which maintenance tasks fall under the tenant's responsibility, there is also room for exceptions. Landlords can choose to take on certain costs that would normally be the tenant's responsibility, in agreement with the tenant. This might happen, for example, if a tenant is temporarily facing financial difficulties, or if the landlord prefers to handle the maintenance of a particular part of the property.

However, the reverse is not allowed: a landlord cannot pass on costs that are their responsibility to the tenant. This provides tenants with added protection against unfair charges.

What Does This Mean for Landlords?

Landlords should ensure that they properly inform their tenants about the new rules. It is recommended that they provide a detailed manual for the technical installations, such as a heat pump or home automation system. Tenants are then required to maintain these systems according to the manufacturer's instructions. This helps prevent misunderstandings and ensures that both the tenant and landlord meet their obligations.

Conclusion

The new list introduced by the Flemish government provides clarity on who is responsible for which rental repairs. This makes it easier for both tenants and landlords to understand their responsibilities and prevents potential conflicts. For tenants, it offers better protection against unfair charges, while landlords can clearly specify which maintenance tasks they expect from their tenants. It is important for landlords to proactively communicate and inform their tenants, ensuring both parties are fully aware of their obligations.