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Are personal housing subsidies maintained in the event of unpaid rents?

Verified 01 January 2023 - Directorate for Legal and Administrative Information (Prime Minister)

In the event of unpaid rents, housing aid may be maintained to alleviate a rent debt and avoid eviction. The situation varies depending on whether the allowance is paid to the landlord or the tenant.

To landlord

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

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

Once the unpaid amount is established, the lessor has 2 months to report it to the Caf (or MSA). Reporting should preferably be done by registered mail with notification of receipt.

Who shall I contact

Warning  

the lessor is liable to a fine of €7,332.00 if he does not report the unpaid rent to the Caf (or the MSA).

The Caf (or MSA) may also self-seize if it is 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 put in place a clearance plan debt. This plan is a schedule of the repayment of the debt that the landlord establishes with the tenant.

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

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In the event of a landlord clearance plan

The debt clearance plan must be implemented within a maximum period of 6 months.

This plan is a document that sets out the conditions for the reimbursement of unpaid rents (amount, time limit...).

The payment of the housing aid shall then be maintained if the following 2 conditions are met:

  • The clearance plan is respected and accepted by the Caf (or MSA)
  • The tenant has resumed payment of the rent in progress

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

If the 3-month deadline is not met by the FSL, the Caf (or the MSA) itself puts in place a clearance plan.

In case of FSL clearance plan

The Caf (or the MSA) can directly refer the matter to the FSL and ask it to make its clearance plan known within 6 months.

Upon receipt of the clearance plan, the Caf (or MSA) maintains the payment of the housing aid on condition that the tenant resumes the payment of the current rent.

In the event of a poor implementation of the current clearance or non-payment of the rent, the Caf (or MSA) shall suspend the payment of the housing aid.

Where the FSL does not make its clearance plan known in time, the Caf (or the MSA) challenge the tenant to resume payment of the rent in progress. The tenant must also repay the landlord 1/36 every monthe of its debt for 3 years from the month following the formal notice.

Without resumption of payment or in case of poor execution of the plan, the Caf (or the MSA) shall suspend the payment of the housing aid.

To tenant

There is an unpaid rent when the tenant has a debt of at least 2 times the gross monthly amount of the rent and charges.

The gross monthly amount of rent is the rent included in the lease.

Once the unpaid amount is established, the lessor has 2 months to report it to the Caf (or MSA). Reporting should preferably be done by registered mail with notification of receipt.

Who shall I contact

Warning  

the lessor is liable to a fine of €7,332.00 failing to report the outstanding rent to the Caf (or MSA).

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

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

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

The Caf (or MSA) must propose to the landlord to obtain the third-party payment (in place of the tenant). The landlord has 2 months to respond. Beyond that, his silence is worth refusing.

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In the event of a landlord clearance plan

The Caf (or MSA) may request the lessor to draw up a debt clearance plan within a maximum period of 6 months (2 months if the lessor has refused the third-party payer).

This plan is a document that sets out the conditions for the reimbursement of unpaid rents (amount, time limit...).

The payment of the housing aid shall then be maintained if the following 2 conditions are met:

  • The clearance plan shall be complied with and approved by the Caf (or MSA)
  • The tenant has resumed payment of the rent in progress

Without receipt of the clearance plan within and after the deadline notice from the lessor, the Caf (or the MSA) seizes the FSL. The FSL then has 3 months to draw up a clearance plan.

If the 3-month deadline is not met by the FSL, the Caf (or the MSA) itself puts in place a clearance plan.

In case of FSL clearance plan

The Caf (or the MSA) can directly refer the matter to the FSL and ask it to make its clearance plan known within 6 months.

Upon receipt of the clearance plan, the Caf (or MSA) maintains the payment of the housing aid on condition that the tenant resumes the payment of the current rent.

In the event of a poor implementation of the current clearance or non-payment of the rent, the Caf (or MSA) shall suspend the payment of the housing aid.

Where the FSL does not make its clearance plan known in time, the Caf (or the MSA) challenge the tenant to resume payment of the rent in progress. The tenant must also repay the landlord 1/36 every monthe of its debt for 3 years from the month following the formal notice.

Without resumption of payment or in case of poor execution of the plan, the Caf (or the MSA) shall suspend the payment of the housing aid.

Who can help me?

Find who can answer your questions in your region

  • For additional information

    Support, advice and prevention services in case of eviction risks related to unpaid rent situations. This service is for both the owner and the tenant.

    By phone

    0 805 160 075

    Green number: call and free service, from a landline or mobile phone

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