Should the tenant grant access to the landlord?

Verified 20 January 2022 - Directorate for Legal and Administrative Information (Prime Minister)

In some cases, the tenant must allow the landlord access to the rented accommodation. It is not a right of access per se, but rather a right of access applicable when circumstances so require and under certain conditions.

In case of work

In the case of works that the tenant is obliged to let do in the accommodation he lives, the owner can reserve the possibility to visit the premises accompanied by professionals (architect, craftsman...). This is particularly the case for the following works:

  • Improvements in the communal and private areas of the same building (installation of a code...)
  • Work necessary for maintaining the housing in good condition and normal maintenance (flap defects, antiquated valves...)
  • Work to improve the energy performance of the dwelling (insulation, efficient boiler...)
  • Work to meet the criteria of a decent housing
  • Maintenance of roofs and green facades

Before the work begins, the landlord must notify the tenant. To do so, he must send a notification by registered letter with acknowledgement of receipt or hand it to him.

This notification must specify the nature of the work (improvement sought, urgency, planned energy performance...) and the way it will be done (start date, duration, need for access...).

If this work is urgent (for example, the water heater in winter), the tenant must allow access to his accommodation for the preparation and execution of the work. But it is not obligated to allow access on Saturdays, Sundays and public holidays.

The tenant must allow access to his accommodation for the preparation and execution of the works at the owner's expense.

However, if these repairs or works last more than 21 days, the landlord must grant him a rent reduction proportional to the duration of the work.

In some cases, the tenant may use the protection litigation judge the court on which the dwelling depends.

This is the case when the work:

  • are abusive in nature
  • or do not comply with the conditions laid down in notification of works
  • or make the use of the dwelling impossible or dangerous.

The tenant can then ask the judge:

  • the prohibition of work undertaken
  • or the interruption of work undertaken
  • or the termination of the lease, where the work renders the dwelling uninhabitable.

In case of sale or rehire

The lease may contain a clause which provides that the owner (or his representative, for example a real estate agent) has a right of access to:

  • when the unit is put up for sale
  • or when the tenant gives notice (leave).

The purpose of these visits is to sell or rent out the accommodation.

The conditions of these visits (days, hours) must be agreed between the owner and the tenant. But these visits should not take place:

  • or a public holiday,
  • not on Sundays,
  • or for more than 2 hours on working days.

Video: Can your landlord go home without your consent?

Vidéo - Can your landlord go home without your consent?
Credits : Public Service (DILA)

Conversation with friends, via SMS:

  • Too weird! My landlord called me to tell me it was time to clean up the living room...
  • But he walked into your house like that?
  • Well, yes! He told me he was home
  • It's not wrong at the same time... I think he has the right

Received wisdom: Does your landlord have the right to enter your home without your permission?

No, the landlord is not allowed to enter the tenant's home without his permission.

If he does so, the tenant can file a complaint for violation of home and the owner then faces a penalty of one year imprisonment and a fine of 15,000 €.

What must be clearly understood is that the rented accommodation is the tenant's home and that consequently the tenant has exclusive use of it. Rules and regulations He can freely use the premises, provided he respects the conditions of the lease and, if there is one, the building's

However, in certain circumstances, the tenant is obliged to give access to his dwelling. This is the case in particular where a clause of the lease provides for a visit to the dwelling when it is offered for sale or when it is rehired.

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