Almost a third of Brussels tenancy contracts registered in 2025 are considered to include unjustifiably high rents. The figures come from Nawal Ben Hamou (PS), the Brussels Secretary of State for Housing, who has released the data to a parliamentary committee.
Since the beginning of 2025, 12,692 tenancy contracts have been registered in Brussels under the new regional registration requirement. Of these, 26.5 per cent are considered to be unjustifiably high. This means that the rent is more than 20 per cent above the ‘reference rent’. If contracts from public housing associations and social rental agencies are excluded, this proportion rises to almost 31 per cent.
For the time being, there is merely a presumption of irregularity. Only after a detailed inspection of the property can it be established that a rent is actually excessive. Additional amenities, like a large terrace, may justify a higher rent. Also, the rent of a property with serious defects may be considered excessive, even if the rent is not 20 per cent above the reference rent.
77 cases submitted so far
Since the beginning of May, rents in Brussels may not exceed a figure 20 per cent higher than the reference rent, as determined in the rent scale. This scale takes account of the number of rooms, the living area and the energy performance certificate. Tenants who fear they are being overcharged can submit their contract to a joint rent assessment committee, which will assess the reasonableness of the rent.
The committee, in which tenant and landlord organisations are represented, can issue a non-binding opinion that magistrates can base any judgement on.
Since the introduction of the new restrictions, 77 cases have been submitted, including 2 by a justice of the peace. Forty of these cases are still pending, 3 have been suspended and 34 have been completed. In the latter group, 11 applications were withdrawn, 1 was declared unfounded, 17 were found to be not excessive and 5 were found to be excessive.
Critics fear that the stricter rules will encourage landlords to take their properties off the market. According to junior minister Nawal Ben Hamou, there is no evidence of this for the time being. ‘I have heard a lot about a decline in the number of rental properties, but there are no figures to support this. If these figures exist, I would like to see them,’ the minister told the committee.