Solid support for your rental aspirations
Anyone wishing to let or rent is confronted with very complex regulations, which depend not only on the nature of the rental contract (housing rent, commercial rent, pop-up rent, common rent, lease,...) but also on the region (such as Flanders has different regulations than Brussels or Wallonia).
In addition, there are various related contract forms, such as an occupation in bed, specific user rights, etc.
Quite a lot has therefore changed in the recent past, both with regard to the leases themselves, the rights and obligations of the parties and their tax treatment (eg with regard to VAT and commercial letting).
It is therefore important to receive good advice and to provide appropriate assistance in case of problems.
With Wanted Law, you have many years of experience and in-depth knowledge in the handling of (complex) rental disputes, mainly in the field of commercial rent and residential rent.
We often act for landlords, including many private individuals, real estate companies and social housing companies, but we also assist tenants when they are confronted with rental problems.
House rent
There are more than 550,000 private rental homes in Flanders alone. Problems arise on a daily basis around the following themes:
- Claimable data candidate tenant;
- Delivery obligation and condition of the property (housing quality, unlettable, uninhabitable,...);
- Obligation to ensure quiet enjoyment;
- Duration of the agreement;
- Transfer of rent and sublease;
- The rent and the costs and charges, non-payment and termination of the contract with expulsion;
- The deposit and the new rental guarantee loan;
- End of the lease (cancellation and termination and differences between tenant/landlord);
- Jurisdiction (general jurisdiction, conciliation, summary proceedings,...);
co-rent; - Rent and spouses and legal cohabitants: protection of family home, recoverability of rent debts, invalidity claims, administrative powers;
- Seizures and Privileges;
- Rent and insolvency of the tenant or landlord;
- Rent and association with companies;
- Consequences and transitional rules for 'old' rental legislation and new housing rental decree;
- etc...
Wanted Law's lawyers are happy to assist you in any of the above aspects.
Commercial rent
Various of the above-mentioned problems can also arise with regard to commercial leases, whereby to a large extent other rules play a role, which are usually mandatory.
- Mandatory provisions in the lease and choices at the start of the contract;
- Delivery obligation and subsequent obligation to ensure quiet enjoyment;
- Duration of the agreement;
- Transfer of rent and sublease;
- Consequences of the sale of the property or transfer of the commercial fund;
- The rent and the costs and charges, and (possibility of) interim price adjustments;
- Default and breach of contract with expulsion;
- The forms of guarantee;
- Commercial lease renewal: application and procedure;
- End of the commercial lease (after cancellation, termination or end of the contract);
- Consequences of investments in the property, fate of improvement works;
- Rent and insolvency of the tenant or landlord;
- Rent and association with companies;
- etc...
It is therefore very important to take steps in good time and to follow up the contract very carefully, where we are happy to be your partner.
Related contracts
In the margins of residential rent and commercial rent, there are various related contract forms, such as various common lease contracts (student rent, garage rent, second home rent, office rent, etc.), but also forms that are close to it and for one reason or another have a different know the regime (occupation in bed, pop-up rental, ...).
Each of these contracts has different rules that can give rise to various problems if they are not well thought out at the outset.
A conscious choice can also be made for long-term alternatives with a more commercial effect such as ground lease, usufruct, superficies,...
We are happy to assist you in these situations with regard to the choices to be made at the start, any concerns during the running of the contracts and following the end of the contract.
Why Wanted Law's lawyers as a partner in tenancy law?
The subject of tenancy law is perhaps our most traditional specialization within Wanted Law: Achiel Pauwels, father of Francine Pauwels and grandfather of Pieter Pauwels, was a justice of the peace in Sint-Niklaas and author of the first standard work on commercial rent. The office systematically follows all works and study days in the field of commercial rent and residential rent, in order to be able to apply all developments in daily practice. Pieter Pauwels also gives various lectures on various aspects of the new housing rental decree.
Joachim Vanspeybrouck is one of the (co-)authors in the ‘Handbook Understanding Rent’ on the following subjects:
- Claimable data candidate-tenant (Art. 7 Housing Rental Decree)
- Delivery obligation and condition of the property (Art. 2 Housing Rental Act & Art. 12 Housing Rental Decree)
- The deposit (art. 10. Housing Rental Act, art. 37 Housing Rental Decree & art. 5 and appendix 3 Implementing Decree)
- Competence (art. 43-44 Housing Rental Decree)
- Rent guarantee loan (B.Vl.Reg. to institute a rent guarantee loan)
Based on solid knowledge and years of experience, we assist landlords to get and keep their important investment worry-free.
Where can you contact us?
Yes, I want to rent (out) carefree
I would like you to contact me for a non-binding review of my rental portfolio/contract or with questions about a specific rental problem.