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Registration of rental lease


I signed a rental lease in 2015. There has been some disagreement between myself and the owner about me giving written notice (and him accepting) of my intention to leave the property.

He is now claiming that I pay two months rent compensation.

I've gone through the contract and have noticed that if the lease was never registered at the Receiver of Registrations, Ministry of Finance (Enregistrement, Ministere des Finances/Registratie, Ministerie van Financien - that I can terminate the agreement WITHOUT paying ANY compensation for terminating the lease early.

As far as I know the lease was never registered as I never received a copy of the registration (which I'm supposed to receive)

Has anybody here had a similar scenario playing out?

RPPKN Jun 30, 2017 22:21

If the lease is not registered, you can indeed leave without any notice period or any penalty. However, your landlord now knows that you are intending to leave. So if he has any brains at all, the day after you told him about leaving, he has gone and registered the lease. It can be registered even years later, by either party. The only consequence is that if the landlord registers it later than two months after the start, they have to pay a fine. However, the fine is a massive sum of 25 euro so hardly a deterrent towards late registration.

becasse Jul 1, 2017 10:45

Since you are referring to registration of the lease, it is clearly a standard "nine-year" lease. Unless the contract specifically permits a shorter notice period (very unlikely), you have to give 3 clear calendar months notice in writing, either by registered post or by handing over the notice personally AND obtaining a written acknowledgement - notice received by the landlord today, 1 July, would therefore determine the lease at the end of October. In addition, a penalty is payable for early determination of a nine-year lease during its first three years which depends on how many month's rent you will have paid at determination - 3 month's extra rent if you will have paid less than 12 month's actual rent, 2 month's extra rent if you will have paid less than 24 month's actual rent and 1 month's extra rent if you will have paid less than 36 month's actual rent. If you hand back the accommodation in a condition which doesn't correspond with it's condition when you first occupied it you will also be liable for reparations (other than for any changes that you made with the written agreement of your landlord).

As RPPKN has indicated, it would be unwise to work on the basis that the lease hasn't been registered and is therefore unenforceable - unless you were absolutely certain that it hadn't been registered AND you just handed the keys back to the landlord saying goodbye, I have gone.

Bruce M Jul 2, 2017 09:19

Here is where a lease for Brussels must be registered.
Bureau de l’Enregistrement et Baux de Résidence Principale
Rue de la Régence 54

I would call them and ask if it has been registered. Sorry I don't have a phone number. Also, if you are not in Brussels the address may be different. They can tell you this.

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your employer has to agree in this case. The good news has they recently loosened the rules in a bid to keep people working. I would highly recommend contacting the FPD/SFP to ask

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