Who Pays for Rental Repairs in Flanders? A Guide to the New Rules

In Flanders, it's common for disagreements to arise between tenants and landlords about who is responsible for paying for rental repairs. Should the tenant cover the costs, or is it the landlord’s responsibility? Fortunately, there's now more clarity on the subject. On December 19th, an official list was published in the Belgian Official Gazette, outlining exactly who is responsible for which repairs in rental properties. This list provides both tenants and landlords with a clear guide to their responsibilities. In this article, we explain what the list contains and how to determine who is responsible for what when it comes to rental repairs.

What’s on the List of Rental Repairs in Flanders?

The new list marks a significant step towards preventing misunderstandings and providing clarity on the obligations of both tenants and landlords. The list is detailed and makes a distinction between repairs needed inside and outside the property, ensuring that both small and large repairs are correctly assigned.

Tenant Responsibilities

As a tenant, you are responsible for certain maintenance tasks, both inside and outside the rental property. For example, you must maintain the garden by trimming trees and shrubs, as well as ensuring that outdoor taps do not freeze during winter. Inside the home, you also have specific duties, such as having the heating boiler cleaned periodically, repairing leaking taps (unless the tap needs to be fully replaced), or replacing the float in a leaking toilet (unless it's inaccessible). It's important to note that these responsibilities apply unless the problem requires extensive repairs that go beyond simple maintenance.

What Can Be Agreed Beyond the List?

While the list clarifies who is responsible for which repairs, there is room for flexibility. As a landlord, you can agree with your tenant to take on certain repair costs that would normally be the tenant's responsibility. This could be useful if you want to maintain a good relationship with your tenant or if you prefer to cover the cost of a particular repair. However, the reverse is not possible: a landlord cannot pass on costs that they are obligated to pay to the tenant. This ensures that the division of responsibilities remains fair.

The Landlord’s Role in Providing Maintenance Instructions

As a landlord, it's also important to inform your tenant about specific technical installations in the property that require regular maintenance, such as heat pumps or smart home systems. You should provide a manual or maintenance instructions for these systems, ensuring that the tenant knows how to properly maintain them. Tenants are obligated to follow these instructions and keep the installations in good working condition according to the manufacturer’s guidelines. This helps prevent issues in the long term and ensures that these systems continue to function properly.

Conclusion: Make Clear Agreements About Rental Repairs

The new list provides both tenants and landlords with clarity about who is responsible for rental repairs. While tenants are responsible for certain maintenance tasks, landlords can, in some cases, agree to cover the costs of repairs, as long as these agreements are clearly communicated. As a landlord, it’s important to make sure your tenant is well-informed about their duties and the care of any specialized installations. Clear communication and mutual understanding are key to preventing disputes and resolving any repair issues promptly.