Brussels housing policy: “Horror tenants” take advantage of the winter moratorium

The media recently reported that an owner renting out an apartment in the centre of Brussels is experiencing serious problems with his tenants there. They had not transferred the rental deposit and were not paying the rent. After lengthy proceedings, the justice of the peace finally decided to terminate the rental contract. Then the landlord came up against the Brussels winter moratorium: no eviction can take place between 1 November and 15 March. “Unfortunately, this is not an isolated case, but a growing problem. So-called ‘horror tenants’ feel inviolable and take advantage of the winter moratorium. I have explicitly warned about this. This green left-wing majority’s plans are having a dramatic effect on confidence in the rental market,” argues Brussels MP Mathias Vanden Borre.

Toxic eviction ban

“Tenants of ill will are taking advantage of the immunity from prosecution. They can stay in the home no matter what. The landlord is left with empty hands and an empty wallet. Such situations are unacceptable. This toxic eviction ban must be scrapped as soon as possible. I have submitted a good alternative proposal, namely, a fund to combat evictions that has a preventive effect,” claims Mathias Vanden Borre.

Tenants who don’t pay rent for 18 months

“In Brussels, the tenant’s interests are directly opposed to those of the landlord. That way, the consequences of the poverty issues in Brussels are completely shifted to the owner-landlord.” Several Brussels justices of the peace currently (rightly) refuse to apply this ban because it is unconstitutional and unworkable. Some judges do apply the eviction ban, with all the consequences that entails for the landlord. The latter can thus be stuck for up to 18 months (!) with tenants who do not pay rent or cause damage to the property.

Landlords are the ones who lose out

Such an eviction ban does not solve the underlying problem of non-payment either. It simply seals off the problem and only makes it more complex to find a structural solution. “I unfortunately note that my prediction from last year has come true. Tenants take advantage of the ban on evictions and landlords are the ones who lose out,” says Vanden Borre.

Lift the ban as soon as possible

“Moreover, the winter ban has a counterproductive effect: landlords impose higher requirements to avoid defaulters, including higher rents and stricter tenant selection. Other small private landlords are leaving the Brussels market because the risks are too high. The result: less supply of housing and higher rents – exactly the opposite of the intent of the policy! The only right conclusion: this unbalanced eviction ban must be lifted as soon as possible,” Vanden Borre concludes.