A ruling by the justice of the peace of Lennik on 31 January 2024 is a reminder of a little-known reality: if a tenant provides falsified documents to obtain a lease, that lease can be cancelled retroactively — as if it had never existed. A summary of landlords' rights and best practices for property managers.
Can a lease be cancelled because of false pay slips?
Yes. According to a ruling by the justice of the peace of Lennik on 31 January 2024, a lease can be cancelled retroactively when the tenant provided false documents — in particular false pay slips — to obtain the contract. The legal basis is fraud (dol): an intentional deception that vitiated the landlord's consent. Without the deception, the landlord would not have signed the lease — or not on the same terms.
The consequence is radical: the contract is cancelled as if it had never existed. This retroactive cancellation is distinct from termination — it erases the contract, not just its future effects.
What does the Lennik justice of the peace ruling say?
The facts
The landlord had let their property to a tenant on the basis of pay slips presented during the application process. These slips appeared legitimate and showed income sufficient to cover the rent requested.
After the lease was signed and the tenant moved in, missed payments appeared. Investigating the situation, the landlord discovered that the pay slips had been falsified — either by digital alteration of an authentic document, or by the creation of a fictitious document.
The legal classification: fraud
The justice of the peace of Lennik classified the facts as fraud within the meaning of Article 1116 of the Civil Code (old version, applicable at the time of the facts). Fraud is a ground for nullity of a contract: there is fraud when the conduct of one party is such that, without it, the other party would not have contracted.
Three elements must be established to constitute fraud:
- Fraudulent conduct: producing false documents is fraudulent conduct
- Intentional character: the tenant knew the documents were false
- Causal link: without those false documents, the landlord would not have signed the lease
The consequences of cancellation
Retroactive cancellation erases the contract from its inception. In practical terms:
- The tenant no longer has a legal right to occupy the property (they must leave)
- The landlord is no longer bound by lease obligations (notice periods, legal grounds for termination)
- The tenant remains liable for an occupation fee for the period they actually occupied the property
This last point is important: cancellation of the lease does not allow the landlord to reclaim the property without compensation for the past period. The tenant must compensate for occupation — generally at the market rent, which may be higher than the initial contractual rent.
Best practices before signing the lease
Prevention is better than litigation. Here are the checks that a professional property manager must systematically carry out when reviewing a tenancy application.
Checking pay slips
False pay slips often present anomalies detectable by an experienced eye:
Items to check on each pay slip:
- Consistency of figures (gross salary, social security contributions, net — the calculations must be correct)
- Presence and consistency of the employer's identification number (CBE/VAT number)
- Typographic quality (forgeries may have inconsistent fonts or poor alignment)
- Consistency across different months presented (logical progression, consistent bonuses)
- Readable and verifiable employer name and address
Available tools:
- The Crossroads Bank for Enterprises (CBE) allows free verification of the existence and status of a company
- A simple call to the employer listed can confirm the existence of the employment contract
Cross-checking documents
A solid application file contains several documents that must be consistent with each other:
- Pay slips (minimum 3 months)
- Bank statement showing the corresponding salary transfers
- Tax assessment notice (tax return on income)
- Employer certificate (optional but valuable)
Consistency is key: if the net salary on the pay slips does not correspond to the payments on the bank statement, or if the tax-declared income differs significantly from the presented salary, clarification should be requested.
Written record of all exchanges
Whether you accept or decline an application, keep a written record of all documents provided by the applicant, with the date of receipt. A summary email ("I confirm receipt of the following documents on...") constitutes a simple and effective piece of evidence.
In case of subsequent dispute, this written record allows you to establish that you received the documents and on what basis you made your decision.
Best practices after signing, if in doubt
If elements make you doubt the authenticity of the documents after the lease has been signed, here is the procedure to follow.
Step 1: gather the evidence
Start by assembling a file:
- Copies of documents provided during the application
- Evidence of the irregularity or falsification (comparison with authentic documents, anomalies noted)
- Record of unpaid rent
- Record of communications with the tenant
Step 2: send a registered letter
Before any court proceedings, send a registered letter to the tenant. This letter must:
- Set out the suspicious documents
- Invite the tenant to provide explanations or additional documents
- State the intended consequences (court proceedings, lease cancellation)
This registered letter is essential: it proves that you gave the tenant the opportunity to explain themselves before acting, which strengthens your position before the court.
Step 3: take the matter to the justice of the peace
The application for lease cancellation is made before the justice of the peace of the canton where the let property is located. The procedure is relatively accessible — legal representation is not mandatory but is strongly recommended for complex cases.
The application must have a legal basis: you must establish fraud (the three elements outlined above) and seek cancellation of the contract, eviction of the tenant, and payment of an occupation fee.
Step 4: act promptly
The limitation period for fraud is 5 years from the discovery of the defect. But in practice, the sooner you act the better: losses accumulate during proceedings, and the tenant may return the property in a deteriorated state if the situation drags on.
A note on proportionality
This case law should not create generalised suspicion of all prospective tenants. The vast majority of tenants provide authentic and honest documents.
Document falsification is a deliberate and fraudulent act — not an error or approximation. Cases are rare, but they exist, and the law protects landlords whose consent was vitiated.
The aim is not to subject every application to an interrogation or disproportionate intrusive checks. It is to put standardised checks in place, applied uniformly to all applicants, and to keep a systematic written record.
What the Lennik ruling changes: it is a reminder that property managers have real remedies — and that these remedies can go as far as total cancellation of the lease. This is a protection that many landlords did not know they had.
Summary table: before and after signing
| Timing | Action | Objective |
|---|---|---|
| Before signing | Check pay slip consistency (calculations, font, employer) | Detect anomalies |
| Before signing | Confirm employer exists via the CBE | Validate the source |
| Before signing | Cross-check pay slips and bank statements | Consistency of cash flows |
| Before signing | Keep copies of all documents | Evidence in case of dispute |
| After signing | If in doubt: gather evidence | Build the file |
| After signing | Send a registered letter before any action | Observing the adversarial principle |
| After signing | Take the matter to the justice of the peace promptly | Limit losses |
With Seido, every tenancy application can be documented: supporting documents, communications, and a complete history. In case of dispute, you have a structured and timestamped file — a decisive advantage before the justice of the peace. Discover Seido →
This article is part of Property Essentials #1 — January 2026. Also read: Brussels winter moratorium: the landlord compensation fund most owners ignore.
Sources and references
- J.P. Lennik, 31 January 2024 (unreported) — lease cancellation for fraud (false pay slips)
- Landlords, beware of false pay slips, SNPC, 2024
- Belgian Civil Code, Article 1116 — fraud as grounds for nullity of contract
- Crossroads Bank for Enterprises (CBE) — kbopublic.economie.fgov.be