Are personal housing aids maintained in the case of unpaid rents?

Verified 01 January 2024 - Legal and Administrative Information Directorate (Prime Minister)

Modification of the procedure in the event of unpaid payments

Published on 28 July 2023

The procedure in case of unpaid rent is modified.

That's what the law of 27 july 2023 to protect dwellings from unlawful occupation.

A decree must be issued to clarify the mechanism.

The information contained on this page remains current and will be amended as soon as the text enters into force.

In case of unpaid rent, personal housing assistance (PLA, SLA and ALF) can be maintained to alleviate a rent debt and avoid eviction. The situation varies depending on whether the aid is paid to the lessor or to the tenant.

To the landlord

There is an unpaid rent when the tenant has a debt at least equal to 2 times the monthly net amount of rent and expenses.

The net monthly rent is the rent shown on the lease, after deduction of the amount of housing assistance.

As soon as the unpaid amount is established, the lessor has 2 months to report it to the Caf (or MSA).

The report shall preferably be made by registered post with notice of receipt. The name, address of the tenant, the amount and the period of the rent debt must be indicated.

Who shall I contact

Warning  

the lessor may be fined €7,728.00 if it does not report the unpaid rent to the FCA (or the MSA).

The FCA (or the MSA) may also self-seize if it becomes aware of an unpaid rent that has not been reported to it.

Once the lessor has reported the unpaid amount, the Caf (or MSA) asks the lessor to set up a clearance plan debt. This plan is a schedule for the repayment of the debt that the landlord puts in place with the tenant.

If the lessor fails to comply with its obligation to put in place a clearance plan, the Cif (or MSA) shall take the matter to the Solidarity Housing Fund (FSL) so he can make a clearance plan debt.

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In the case of a lessor clearance plan

The debt relief plan should be implemented in a maximum period of 6 months.

This plan is a document that consists in setting the conditions for refunding unpaid rents (amount, deadline...).

The payment of the aid to housing is then held if the 2 conditions the following are completed:

  • The clearance plan shall be respected and accepted by the FAC (or the AMM)
  • The tenant has resumed the rent payment in progress

Without receipt of the clearance plan within and after formal notice of the lessor, the Caf (or the MSA) must refer the matter to the FSL. The FSL then 3 months to draw up a clearance plan.

If the three-month deadline is not met by the FSL, the Caf (or MSA) itself shall put in place a clearance plan.

In the case of an FSL clearance plan

The FCA (or the AMM) may refer the matter directly to the FSL asking it to disclose its clearance plan within a period of 6 months.

After receipt of the clearance plan, the CFAO (or AMM) maintains the payment housing assistance on condition that the tenant resumes the payment of the rent in progress.

In case of improper execution of the ongoing rent payment plan or non-payment of rent, the FCA (or MSA) suspends the payment of the housing aid.

Where the FSL does not make known its clearance plan in time, the Cif (or the MSA) formal notice the tenant to resume payment of the rent in progress.

The tenant must also pay back all of his debt. He must pay the lessor 1/36 each monthe of its debt for three years from the month following the formal notice.

Without payment being resumed or in the event of improper execution of the plan, the FAC (or the AMM) suspend payment housing assistance.

To the tenant

There is an unpaid rent when the tenant has a debt equal to or greater than 2 times the gross monthly amount of rent and expenses.

The gross monthly rent amount is the rent shown in the lease.

As soon as the unpaid amount is established, the lessor has 2 months to report it to the Caf (or MSA).

The report shall preferably be made by registered post with notice of receipt. The name, address of the tenant, the amount and the period of the rent debt must be indicated.

Who shall I contact

Warning  

the lessor may be fined €7,728.00 if he fails to report the unpaid rent to the FCA (or MSA).

The FCA (or the MSA) may also self-seize if it becomes aware of an unpaid rent that has not been reported to it. It may suspend or maintain the payment of housing assistance.

Once the lessor has reported the unpaid amount, the Caf (or MSA) asks the lessor to set up a clearance plan debt. This plan is a schedule for the repayment of the debt that the landlord puts in place with the tenant.

If the lessor fails to comply with its obligation to put in place a clearance plan, the Cif (or MSA) shall take the matter to the Solidarity Housing Fund (FSL) so he can make a plan to pay down the debt.

The FCA (or MSA) must propose to the lessor to obtain the payment in third-party payment (instead of the lessee). The lessor has 2 months to answer. Beyond that, his silence is tantamount to refusal.

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In the case of a lessor clearance plan

The FCA (or AMM) may request the lessor to prepare a debt discharge plan within a maximum period of 6 months (2 months if the lessor has refused the third party).

This plan is a document that consists in setting the conditions for refunding unpaid rents (amount, deadline...).

The payment housing assistance is then held if the 2 conditions the following are completed:

  • The clearance plan shall be respected and approved by the FAC (or the AMM)
  • The tenant has resumed the rent payment in progress

Without receipt of the clearance plan within and after formal notice of the lessor, the Caf (or the MSA) seizes the FSL.

The FSL then has a delay of 3 months to draw up a clearance plan.

If the three-month deadline is not met by the FSL, the Caf (or MSA) itself shall put in place a clearance plan.

In the case of an FSL clearance plan

The FCA (or the AMM) may refer the matter directly to the FSL asking it to disclose its clearance plan within a period of Six months.

After receipt of the clearance plan, the CFAO (or AMM) maintains the payment housing assistance on condition that the tenant resumes payment of the rent in progress.

In case of improper execution the ongoing rent payment or non-payment plan, the Cof (or MSA) suspend payment housing assistance.

Where the FSL does not make known its clearance plan in time, the Cif (or the MSA) formal notice the tenant to resume payment of the rent in progress.

The tenant must also pay back all of his debt. He must pay the lessor 1/36 each monthe of its debt for three years from the month following the formal notice.

Without payment being resumed or in the event of improper execution of the plan, the FAC (or the AMM) suspend payment housing assistance.

Who can help me?

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  • For more information

    SOS unpaid rents

    Coaching, advice and prevention services in case of risk of eviction due to unpaid rent. This service informs tenants, such as landlords, free of charge.

    By telephone

    0 805 160 075

    Toll-free: call and free service, from landline or mobile