A rented property must be safe, healthy and habitable. The Flemish government has laid down minimal quality norms for this (art. 3.1 Flemish Housing Code). The rental property must comply with these minimal quality norms at the start of the rental contract (= the 'duty to deliver') and throughout the entire rental period.
Pay attention to this:
Is there double glazing?
Is the roof insulated?
Is the electricity okay?
Do you have access to the cupboard for electricity, gas tap and water tap?
Do you see any large cracks in the walls?
Are there smoke detectors?
Do you see any mold? Does the house smell fresh? Do the walls feel dry or damp?
Can you ventilate all the rooms?
Does the staircase have a sturdy handrail?
Does your property not meet the minimal quality norms?
Then take the following steps:
Always report problems in the property in writing to the landlord. This can be done by e-mail, letter or text message (= ‘duty to report’).
Is there no response? Then send a formal notice of default to the landlord. This is a letter that lists the problems once again and reminds the landlord of his or her legal obligations. You can use this model letter.
Is the problem still not solved? You can then request a housing quality survey (woningkwaliteitsonderzoek) from your municipality. This is a procedure to see whether the rental property should be declared unfit or uninhabitable. Someone from the municipality will visit and check whether the property meets the minimal quality norms. This is free of charge. Here you can see the consequences of unfitness or uninhabitability.
Do you want to take legal action? Contact the Huurdersbond.
