1. What does the winter moratorium entail?
Since 31 August 2023, there has been a general ban on evictions in the Brussels-Capital Region from 1 November to 15 March, regardless of the reason, with a few exceptions. During this winter moratorium, tenants remain liable to pay an occupancy fee, which is usually equivalent to the rent. In cases of non-payment, landlords can apply to the Regional Solidarity Fund for assistance.
2. Constitutional Court dismisses appeal
The non-profit organisation National Property Owners and Co-Owners Syndicate challenged the regulation, arguing that it was discriminatory against landlords and infringed on property rights and access to the courts, as a final judicial decision cannot be executed immediately during the winter period.
The Court did not uphold this reasoning. According to the ruling, the measure is temporary and proportionate, with a clear social objective: to prevent inhumane situations in winter and to safeguard the right to housing.
The Court imposes a very extensive restriction on property rights. For landlords, this decision is therefore particularly intrusive, as it compels them to allow a tenant to remain in the property for a longer period, even where the tenancy agreement has been lawfully terminated or where there are serious and persistent arrears in payment.
According to the Court, the regulation provides sufficient safeguards for landlords. The occupancy fee remains payable, and there are exceptions that allow evictions in certain circumstances, such as in cases of dangerous behaviour, force majeure, or when a rehousing solution is available.
3. What about the Flemish and Walloon Regions?
In Flanders and for private tenants in Wallonia, there is no general winter moratorium. In Wallonia, however, a winter moratorium applies to social tenants between 1 November and 15 March, with exceptions. Flanders, by contrast, focuses on social support measures, such as the Fund for Combating Evictions, which can provide assistance via the Public Centre for Social Welfare (OCMW/CPAS) in cases of rent arrears.
