The Tenancy Deed is a fundamental legal document used in Belgium to formalize residential rental arrangements, ensuring compliance with both federal and regional housing regulations. This document is essential when any residential property is being let in Belgium, whether for long-term or short-term occupation. The deed must conform to the Belgian Civil Code and specific regional requirements (Brussels-Capital, Flanders, or Wallonia), incorporating mandatory elements such as energy performance details, registration obligations, and precise terms regarding security deposits. A properly drafted Tenancy Deed protects both landlord and tenant interests, clearly defining rights, responsibilities, and obligations while ensuring adherence to Belgian housing standards and tenant protection laws.
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1. Parties: Detailed identification of landlord(s) and tenant(s), including full names, national registration numbers, and contact details
2. Background: Context of the rental agreement and brief description of the property
3. Definitions: Definitions of key terms used throughout the agreement
4. Property Description: Detailed description of the rental property, including address, size, and included fixtures/fittings
5. Term and Commencement: Duration of the lease and start date, specifying whether it's a short-term or long-term lease under Belgian law
6. Rent and Charges: Rental amount, payment terms, indexation provisions, and common charges
7. Security Deposit: Amount, form, and conditions of the security deposit as per Belgian law
8. Maintenance and Repairs: Responsibilities of landlord and tenant regarding property maintenance
9. Use of Property: Permitted use of the property and any restrictions
10. Insurance: Insurance requirements for both parties, including mandatory fire insurance
11. Termination: Conditions and procedures for terminating the lease
12. Registration: Obligations regarding official registration of the lease
13. Governing Law: Specification of Belgian law and relevant regional regulations
14. Signatures: Execution section for all parties
1. Subletting and Assignment: Include when subletting or assignment might be permitted under specific conditions
2. Pets: Include when specific rules about keeping pets need to be addressed
3. Renovation Works: Include when specific renovations are planned or when defining renovation permissions
4. Furnished Property Details: Include when the property is being let furnished
5. Special Uses: Include for mixed residential/professional use or specific authorized activities
6. Co-tenancy Provisions: Include when multiple tenants are sharing the property
7. Guaranteed Housing: Include when the lease falls under social housing or guaranteed housing schemes
1. Inventory of Contents: Detailed inventory of the property condition and contents at the start of the lease
2. Energy Performance Certificate: Mandatory EPC document showing property's energy efficiency rating
3. Fire Safety Certificate: Documentation of fire safety compliance and installed equipment
4. House Rules: If applicable, rules of the building or housing complex
5. Maintenance Schedule: Detailed breakdown of maintenance responsibilities
6. Registration Documents: Copies of lease registration with authorities
7. Technical Plans: Property plans and technical specifications if relevant
8. Photographic Evidence: Photos documenting property condition at start of lease
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