From 1 November to 15 March, tenant evictions are suspended in Brussels. For landlords facing a tenant who has stopped paying, this is a financially difficult situation. But a compensation mechanism exists — and the vast majority of landlords have never heard of it. Here is how to benefit from it.
What is the Brussels winter moratorium and who does it protect?
The Brussels winter moratorium suspends all tenant evictions from 1 November to 15 March each year. During this period, even a landlord with a valid eviction order cannot enforce that decision. The measure aims to protect vulnerable tenants from losing their home during the coldest months.
But the suspension of eviction does not mean the landlord must bear the financial loss alone. The Brussels Region has established the Regional Solidarity Fund, which compensates landlords for unpaid rent and service charges during the moratorium period.
How does the Regional Solidarity Fund work?
The Regional Solidarity Fund is a compensation mechanism financed by the Brussels Capital Region. It covers unpaid rent and service charges accumulated during the winter moratorium period, provided the landlord meets all the eligibility conditions.
Eligibility conditions
Five cumulative conditions must be met:
1. Hold a court-issued eviction order The order must have been obtained after 15 August or during the current moratorium. An older order that has not yet been enforced is also admissible, provided it remains valid.
2. Have a registered lease Lease registration has been a legal obligation in Belgium since 2007. Without registration, the landlord loses many rights, including access to the Regional Solidarity Fund. If your lease is not registered, this is an absolute priority — registration costs are borne by the landlord but the registration office can act automatically.
3. Prove non-payment The landlord must provide evidence that the tenant did not pay the occupation fee during the moratorium. This can be a bank statement showing the absence of payment, or a sworn declaration with any relevant supporting document.
4. Have sent a reminder or formal notice A written document — rent reminder, formal notice by registered post — must have been sent to the tenant. This condition underscores the importance of documenting every step of a rent dispute in writing.
5. Submit the claim within the deadline This is the condition that landlords most often miss: the claim must be submitted no later than 15 September following the end of the relevant moratorium. For the moratorium ending 15 March 2026, the deadline is 15 September 2026.
How is the compensated period calculated?
Only the period running from the date the eviction was authorised can be compensated — not the entire arrears period from the tenant's first missed payment.
Practical example
- Tenant in arrears since September 2025
- Eviction order obtained 20 November 2025
- Winter moratorium: 1 November 2025 to 15 March 2026
- Compensable period: 20 November 2025 to 15 March 2026 (date eviction was authorised, inclusive)
- Non-compensable period: September and October 2025 (before the order)
What this means: it is in the landlord's interest to obtain the eviction order as quickly as possible. A landlord who delays taking the matter to the justice of the peace mechanically reduces the compensable period.
The procedure: how to submit a claim
The Regional Solidarity Fund offers two access routes:
Online (recommended)
Via the be.brussels portal, under Housing > Tenant Eviction > Compensation Claim. The online procedure is faster and allows you to track the progress of your file. You will need:
- The eviction order (scan or PDF)
- The registered lease (or proof of registration)
- Proof of non-payment (bank statements)
- Copy of the formal notice sent to the tenant
- Your bank account details for the transfer
Paper form
A paper form can be obtained from the Regional Solidarity Fund and sent by registered post. This route is slower and offers less visibility on the processing of the file.
The key deadline not to miss
15 September following the end of the moratorium. For the 2025–2026 moratorium (1 November 2025 – 15 March 2026), the deadline is 15 September 2026. After this date, any claim is inadmissible, regardless of how legitimate the situation is.
Why this mechanism is so little used
Several reasons explain why the vast majority of eligible landlords never claim compensation:
Lack of awareness: neither standard lease agreements nor letting organisations systematically mention the fund. Landlords who manage their own properties have little chance of having heard about it.
Perceived administrative complexity: assembling a complete file (order, registered lease, proof of non-payment, formal notice) can seem daunting for an individual landlord under financial stress.
Confusion with other aid: the Regional Solidarity Fund is distinct from the Housing Fund or legal aid. Many landlords look in the wrong place.
Short deadline: 15 September is only 6 months after the end of the moratorium. Without an automatic reminder, the date often passes unnoticed.
Best practices for a property manager
For managers with properties in Brussels, the winter moratorium is part of the annual calendar. Here are the practices to implement systematically.
Before winter
- Verify that all leases are registered for all Brussels properties in the portfolio
- Identify tenants in arrears going into the moratorium (at-risk situations)
- Take the matter to the justice of the peace promptly for confirmed non-payment situations, to obtain the order before or during the moratorium
During the moratorium (November – March)
- Send written reminders (registered post) for all unpaid rent — these documents will be essential for the compensation claim
- Keep all proof of non-payment (monthly bank statements)
- Document every contact with the tenant (date, channel, content)
After the moratorium (March – September)
- Submit the compensation claim before 15 September
- Assemble the complete file without waiting until the last minute
- Restart the eviction as soon as the moratorium lifts if the situation has not resolved
A note on the Constitutional Court
In 2024, the Constitutional Court confirmed the constitutionality of the Brussels winter moratorium. Several landlord associations had challenged the measure, arguing that it violated property rights. The Court ruled that the temporary suspension was proportionate to the objective of protecting housing, particularly since the compensation mechanism exists to make landlords whole.
This judicial confirmation makes the measure permanently embedded in Brussels rental law. For property managers, it is a permanent element to integrate into the management of Brussels properties.
With Seido, document every step carefully: formal notices, reminders, proof of non-payment. Every communication with the tenant is tracked, documents are centralised by unit, and you can generate a complete history for any legal proceedings. A well-assembled file often makes the difference. Centralise your documents →
This article is part of Property Essentials #1 — January 2026. Also read: False pay slips: when a tenant's deception cancels the lease.
Sources and references
- Ordinance of 22 June 2023 amending the Brussels Housing Code on rental disputes and evictions, Belgian Official Gazette, 2023
- Winter moratorium — compensation claim, be.brussels
- Landlords, were you affected by the winter moratorium?, SNPC, 2024
- The Constitutional Court confirms the Brussels winter moratorium, Monard Law, 2024