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corresponding to the potential rent. Having accepted the requisition, the Act forbids the owner
from changing his mind. This has been sanctioned by the state Council (Conseil d'Etat) 28 .
Unfortunately, left to the mayor the practical importance of this measure is practically
negligible: requisitions are most uncommon 29 and the procedure is particularly cumbersome 30 .
There exist certain additional statutes with social purposes. There are a number of
rules that permit a tenant to prolong the duration of a contract. They apply only when the
tenant is faced with exceptional circumstances such as the worsening of his health, the
impossibility of finding alternative housing 31 , the fact that he receives a low income and is
expecting to receive social housing 32 . We will analyse this point further later in this report 33 .
Much uncertainty remains with regard to the consequences of incorporating the right
to housing into the Constitution. The practical implementation of this right remains somewhat
abstract. In order to ensure the respect of this fundamental right the authorities are empowered
to take effective measures.
C) Summary account on "tenancy law in action"
In Belgium it is the owner who occupies most housing. This tendency accounts for 74
percent of the overall total, with approximately 19% of all residential accommodation
occupied by private tenants. Though the percentage has increased significantly since 1990 34
social housing accounts for a mere 8 percent 35 . As is apparent, tenancy has no wide scope of
application: it concerns only one in five homes. The average housing expenditure in 2001 is
approximately 26 percent of the monthly average expenditure. This rate is one of the largest
in the European Union 36 .
Whilst there is no significant tendency towards tenancy in Belgium, landlord and
tenant associations remain notably active. There are a number of different associations 37 and
they aim to provide legal and technical support to their members. Among other things, they
offer samples of standard e-contracts 38 . They also play an important lobbying role. For
example, an association acting on behalf of landlords has recently drafted a list of "bad
tenants" who have failed to pay rent for at least three months, etc. 39 This measure was
adopted after much debate upon the possible violation of tenant's privacy and the making
available of their personal details.
With regard to legal procedure, the Justice of the Peace (the " Juge de Paix") is
competent to handle matters of tenancy law 4041 . The remit of his competence includes small
28
C.E., n°69976, December 3 1997 (Mon.b. 24.12.1998).
29
P. JADOUL, "La mise en œuvre du droit au logement", o.c., p. 315.
30
See e.g. J.P. Philippeville, January 21 1998, J.J.P., 1998, p. 81.
31
J.P. Westerloo, June 18 1993, Turnh. Rechtsl., 1993, p. 95.
32
J.P. Wolvertem, April 14 1994, R.W., 1996-1997, p. 859.
33
See infra, “set 5: breach of contract”, pp. 27 and f.
34
European housing statistics, available on the site of the Walloon Region.
35
Economie et Statistiques, n° 343, 2001-3, p. 39.
36
Ibidem.
37
See for example the website of the "Syndicat national des Propriétaires", www.snp-aes.be
38
Ibidem.
39
See for more information the website of the "Syndicat national des Propriétaires", www.snp-aes.be.
40 st
Article 591, 1 of the Civil procedure Code.
41
Since January 2003, each lawsuit presented before the Justice of the Peace must be preceded by a conciliation procedure. If parties
cannot reach an agreement, the judicial procedure will then take place before the same Judge. See the law programs of December
24, 2002 (Mon.b., 31 décembre 2002). The legislator added a subparagraph septies to article 1344 of the Civil procedure Code and
the conciliation procedure become obligatory before any eviction of a tenant could be made - even for a failure to pay rent.
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