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Revision of rent under lease (private sector housing)

Verified 02 juillet 2021 - Legal and Administrative Information Directorate (Prime Minister)

Additional cases ? Rent of social housing

The owner of a private-sector dwelling can increase the rent 1 times a year (annual review) if the lease so provides (review clause). If the lease does not contain review clause, the amount of rent must remain the same throughout the term of the lease. Moreover, when the owner carries out improvement work at its own expense, it may increase (or increased) exceptionally the rent during the lease.

Annual Review

The owner of a private-sector dwelling may revise the rent 1 times a year if a clause in the lease so provides. The revision date is the date specified in the lease. If this date is not specified in the lease, the owner must consider the date of the signature of the lease.

  Warning : rules for revising the rent of a dwelling governed by the act of 1948 or Anah are specific.

The Rent Reference Index (LRI) is the basis for calculating the rent revision. The annual increase in rent is capped by the one-year evolution of the LRI.

To review the rent, you need to know 3 information:

  • Amount of rent excluding charge (L)
  • Rent Reference Index (N) the reference quarter specified in the lease (if the lease does not specify it, this is the quarter of the last known LRI at the time the lease was signed)
  • Rent Reference Index (P) the same quarter of the preceding year (P)

The calculation is as follows: (W x N) / P = new rent

It is possible to use this calculator:

Calculate rent review

National Institute of Consumer Affairs (INC)

The annual rent review may be made within one year of the date of revision of the lease.

The rent review does not apply retroactively, but only from the date of application.

When the one-year period has elapsed, the unapplied revision is lost to the owner.

Example :

If the lease revision date is March 13, 2021, the owner may revise the lease until March 12, 2022.

If the lease review date is March 13, 2021, but the landlord does not request it until June 13, 2021, only rents collected from that date may be increased.

In the event of an error in calculation, the tenant may contest the increase fixed by its owner.

Formal notice

It is recommended to send the owner a registered letter with acknowledgement of receipt.

Challenging the amount of a rent review that is being leased

Directorate of Legal and Administrative Information (Dila) - Prime Minister

Reconciliation

In case of refusal (or lack of response) on the part of the owner, it is possible to initiate a conciliation with the help of the Departmental Conciliation Commission (DCC) or a judicial conciliator. When the amount of the dispute is less than or equal to €5 000, this conciliation is obligatory in order to be able to refer the matter to the judge.

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To enter the CDC

The CDC must be entered by registered letter with acknowledgement of receipt.

Tenant: letter to the Departmental Conciliation Commission (DCC)

National Institute of Consumer Affairs (INC)

This letter should be addressed to the CDC of the department where the housing concerned is located.

Who shall I contact

To sue a court conciliator

Seize judge

In case of dispute over annual rent review, you have 1 year to refer the matter to the protection litigation judge from the date of review of the rent.

Outstanding increase in lease

Exceptionally, the rent may be increased during the lease in case of improvement work at the owner's expense.

The landlord and his tenant then jointly agree to the rent increase resulting from these works:

  • Either by a clause in the lease agreement
  • Either attractive included in the lease agreement

The rent increase is applicable after completion of the work.

  Warning : specific rules apply for the rent of a dwelling governed by the act of 1948 or Anah.