If a property is put up for sale, photos must be taken for the advertisement, an EPC certificate or an asbestos certificate may have to be drawn up, and prospective buyers must be able to come and view the property.
Can I refuse to have photos taken of my belongings?
“In principle you cannot refuse to have photos taken of your interior,” says Hanne Weemaes, lawyer at Stappers Advocaten. ‘You do have the right to privacy and the protection of your personal data, but furniture is not personal data. So you have no basis for refusing to take photos, but you should be given the opportunity to cover or remove personal items, such as photos.’
You cannot refuse to have photos taken of your interior.
The homeowner is free to ask that you tidy up so that the photos are attractive. ‘As a tenant you can’t really argue with that either. The landlord’s expectations must remain reasonable,” says Weemaes.
How many viewings should I allow?
The tenant must allow visits from potential buyers and access to the property to the extent that is reasonable. The dates of the appointments must be mutually agreed upon. The landlord must inform his tenant in a timely manner of a visit.
‘How often the tenant must allow visitors is usually agreed in the rental contract. For example, it could be three hours twice a week,’ says Weemaes. ‘If the tenant consistently refuses access, the owner can go to court. He can oblige the tenant to do so and impose a penalty if he does not provide access to the home.’
Can the new owner increase the rent?
When the home is sold, the lease is transferred to the new owner. “All rights of the original owner are transferred to the buyer,” says Weemaes. They must adhere to the terms of the contract and cannot evict the tenant overnight or adjust the price.
“The new landlord can only adjust the price as described in the rental agreement,” says Weemaes. ‘He can index the rent if that is stated in the contract, but he cannot simply change the rent without reason.’
Can the rental agreement be terminated?
The new landlord cannot simply terminate the lease. This is only possible in certain cases under strict conditions, depending on the type of agreement you conclude.
If you have a nine-year contract, the landlord can terminate the agreement early under certain conditions. “There is a standard provision in the Flemish Housing Rental Decree that the owner can move into the home himself, subject to a notice period of six months,” says Weemaes. ‘The landlord can also terminate the rental agreement if a family member wants to live there. Then some conditions must be met. For example, the home must be occupied within a year after termination of the agreement and for at least two years.’
To ensure that the landlord terminates the contract for a valid reason, the tenant can request proof of relationship. The owner of the home must be able to provide this proof within two months.
“Even if the landlord wants to carry out a thorough renovation of the part where the tenant lives, he may terminate the agreement early, subject to a notice period of six months,” says Weemaes. Please note: if the landlord terminates the agreement to allow a family member to live in the home or to carry out extensive renovation work, the notice period cannot expire before the end of the first three years of the contract.
“The landlord can terminate the contract at the end of each three-year period without reason, but then he must pay the tenant compensation,” says Weemaes. At the end of the first three-year period, this amounts to nine months’ rent. If the rental agreement ends at the end of the second three-year period, the compensation is six months’ rent. Here too, a notice period of six months applies.
If the termination is not made under lawful conditions, it is null and void.
For a contract of three years or less, there is no legal basis for the landlord to terminate the lease early.
For a contract of three years or less, there is no legal basis for the owner of the home to terminate the rental contract early. “A rental agreement that has been concluded for three years or less cannot be terminated early by the landlord, not even for personal use,” says Weemaes. You can always choose to find a solution through mutual consultation.