Ruling in favour of landlords over income requirements could set legal precedent

Belgium's Council of State has ruled in favour of a property owner in Brussels who required prospective tenants to have an income three times higher than the rent.

The landlord required applicants to demonstrate an income of three times the rent of €1,395 per month plus €195 in service charges to rent the apartment in Woluwe-Saint-Lambert.

In explaining their reason for the income requirement when the case first began back in 2023, the rental agency cited “having had bad experiences in the past”.

A pair of prospective tenants who did not meet this condition - their income was €4,200 per month - lodged a complaint and succeeded in having the landlords fined €800 for wealth-based discrimination, but the landlords have now won their appeal with the Council of State.

“Their honour has been restored,” lawyer Maître Alexandre Paternostre said of the landlords.

The prospective tenants, a couple, also pursued charges of discrimination on the basis of origin, as one of them is black.

According to the Brussels Housing Authority (DIRL) - which plans to appeal against the ruling - the financial conditions imposed by the landlords contravene the Brussels Housing Code and “this type of offence may be punishable by an administrative fine ranging from €125 to €6,200, plus additional surcharges”.

“Discrimination on the basis of, among other things, wealth is prohibited, and neither the origin nor the nature of a person’s resources may be taken into account by the landlord when refusing to let a property,” the DIRL said.

But Paternostre defended the landlords’ right to deny housing to the couple.

“The Brussels Housing Code specifies that landlords have the freedom, or at least a certain degree of discretion, in choosing the tenants they will accept into the property they are letting,” Paternostre said.

“However, this code sets out a number of guidelines, notably to prevent discrimination. For example, certain requirements cannot be imposed prior to viewings.

"Furthermore, landlords may ask prospective tenants to provide proof of their income, particularly through payslips - except that the code does not specify the total amount of income that may or may not be required.

"And this does not refer solely to the rent itself, but also to service charges. It can also include the costs of works, insurance.

"In short, these are factors that may be taken into account when assessing the sound management of a property."

Paternostre said the landlords requiring three times the monthly rent in income were hurt by the claims of discrimination.

“They were quite surprised and disappointed because they never intended to discriminate against anyone,” Paternostre said.

“They were also working with an estate agent who acted as an intermediary with prospective tenants and who, at no point, indicated to them that what they were asking for might appear disproportionate, irregular or illegal.”

RTBF spoke with Olivier Hamal, president of the Landlords’ Association, who said the Council of State’s ruling could set a legal precedent that favours landlords.

“We are obviously pleased that a decision of this kind confirms that landlords are entitled to ensure that a prospective tenant will be able, with their income, to pay the rent, service charges and private charges, and that they will not fall into debt,” Hamal said.

“Accepting a tenant whose income is clearly insufficient is almost like encouraging that person to get into debt. And that is not what a landlord is there for.”

Hamal added that it was “generally accepted” for housing costs and service charges to not exceed 30-40% of a person’s income and that landlords “aren’t obliged to let their property to the first person who comes along”.