Changing the rent price
The rent price is generally fixed for the entire duration of the contract. In case of a contract extension, the rent price should remain the same. If there is a short-term contract and the tenant wishes to sign a new contract, the rent price should be the same as in the initial contract.
For all rental agreements, the rent price can be adjusted at fixed intervals. Tenant and landlord can always adjust the rent price between the 9th and 6th month before the end of a 3-year period. If they do not reach an agreement, a petition can be filed with the justice of the peace.
If the landlord proves that the rental value of the property has increased by at least 10% due to renovations, or if the tenant or landlord can prove that the rental value has decreased by at least 20% due to circumstances, the judge can revise the rent price with an increase or decrease that he deems fair.
For rental agreements signed since January 1, 2019, the rent price can also be adjusted at any time if the landlord has carried out energy-saving measures in the rental property.
Indexing the rent price in Belgium: how does it work?
The rent price cannot be adjusted during the duration of a rental contract. However, the owner can index this rent price. This way, the amount is adjusted to the cost of living increase.
Is rent indexing automatic?
No, rent indexing in Belgium is not automatic. The landlord must take the initiative each year to index the rent. However, the right to index must be mentioned in the rental contract.
The owner must notify the tenant in writing of the rent price indexation on the anniversary date of the rental agreement. This is the date on which the contract came into effect.
If the landlord forgets to timely inform the tenant of the indexation, he still has three months to do so. The indexation can be applied retroactively to the past three months. After this period, he can only claim adjusted rent for a maximum of three months.
Summarized:
- Indexing is only possible if stated in the rental contract
- Indexation can only start from the anniversary of the rental contract
- Retrospective effect of 3 months if the anniversary has passed
- Tenant must be informed
- The calculation of the indexation can only be done on the anniversary date
How to calculate the correct rent price indexing?
The indexing of rent prices in Belgium is calculated using the following formula:
(Base rent x New index) / Start index
Or very easily via the following link: https://statbel.fgov.be/nl/themas/consumptieprijsindex/huurcalculator