By ruling no. 131/2025 of 9 October 2025, the Constitutional Court confirmed the constitutionality of the Brussels winter moratorium. Tenant evictions remain suspended from 1 November to 15 March. For managers of Brussels properties with defaulting tenants, the calendar and landlord protection procedures must be mastered without delay.
Is the Brussels winter moratorium permanent after the Constitutional Court ruling?
Yes. Ruling no. 131/2025 of the Constitutional Court of 9 October 2025 rejected the challenges brought against the Brussels eviction suspension mechanism. The moratorium is now constitutionally validated — it complies with both the fundamental right to housing and the property rights of landlords. This confirmation means the measure will not disappear in the near future, absent legislative amendment by the Brussels Region itself.
What the winter moratorium prohibits and permits
The suspension period
From 1 November to 15 March, tenant evictions are suspended in the Brussels Region. A justice of the peace may issue an eviction order during this period, but enforcement of that order (the tenant's physical departure with bailiff involvement) is deferred to 16 March at the earliest.
What the moratorium does not block
The winter moratorium suspends the enforcement of evictions, not court proceedings. During the winter period, the landlord can and should:
- Continue documenting unpaid rent (bank statements, registered letters)
- Send formal notices to the tenant
- Initiate or continue court proceedings before the justice of the peace
- Obtain an eviction order, which will be enforceable from 16 March
What the landlord cannot do
- Force the tenant to leave the property between 1 November and 15 March
- Cut off access to the property (electricity, hot water, access)
- Apply physical or psychological pressure to obtain departure
- Charge non-contractual fees during the moratorium period
The Constitutional Court ruling: the arguments accepted
The Constitutional Court validated the measure on the basis of a balancing of the fundamental rights at stake.
The right to housing vs. the right to property
The challenge to the moratorium focused essentially on the tension between tenants' right to housing (Article 23 of the Constitution) and landlords' right to property (a fundamental right protected by the European Convention on Human Rights, Protocol 1, Article 1).
The Court held that the temporary suspension of evictions during the winter months constituted a proportionate restriction of landlords' property rights, justified by the objective of protecting the right to housing during a climatically unfavourable period.
The decisive argument: the compensation fund
A central element in the Court's reasoning is the existence of a compensation mechanism for landlords: the Regional Solidarity Fund can compensate landlords who suffer unpaid rent during the moratorium period. The Court considered that this mechanism allowed the burden imposed on landlords to be balanced.
This point is crucial for property managers: if the compensation fund did not exist, the Court might have reached a different conclusion. Its existence — and its practical accessibility — is therefore a guarantee for the entire mechanism.
The practical calendar for property managers in 2026
Managing a defaulting tenant in Brussels follows an annual calendar that every property manager must know.
Before 15 August: obtain the eviction order
For a defaulting tenant to be evicted before the moratorium begins (1 November), the manager must have obtained an enforceable order by around 15 August. In practice, procedural timelines before the justice of the peace (service of process, hearing, deliberation, service of judgment) mean the matter must be taken to court by May–June at the latest to obtain a judgment before summer.
Approaching the justice of the peace in September–October hoping for eviction before November is unrealistic — procedural timelines do not allow for it.
During the moratorium (1 November – 15 March): document and prepare
Even though eviction is suspended, this period is not wasted time for the manager:
- Document all unpaid rent: bank statements, payment history, correspondence
- Send formal notices by registered letter — these constitute proof of the start of the "short period" for future proceedings
- Maintain contact with the tenant to try to reach an amicable solution (repayment plan, mediation)
- Prepare the compensation claim with the Regional Solidarity Fund
Before 15 September: submit the compensation claim
The compensation claim with the Regional Solidarity Fund must be submitted before 15 September to cover the winter moratorium of the current year (November–March). Property managers who discover this deadline too late lose a year of compensation.
The full details of eligibility conditions and the compensation procedure were covered in our January 2026 article:
Reminder: our January 2026 article details the conditions and procedure for benefiting from the Brussels winter moratorium compensation fund.
What property managers should do in practice in 2026
For properties with ongoing arrears
If you manage a Brussels property with a tenant in arrears, the 2026 calendar is as follows:
| Period | Priority action |
|---|---|
| March – May 2026 | Assess the situation: repayment plan or court proceedings |
| Before end of June 2026 | Take matter to the justice of the peace if court proceedings decided |
| Before 15 September 2026 | Submit compensation claim to the Regional Fund |
| October 2026 | Verify judgment date — enforcement before 1 November or deferred to 16 March 2027 |
For properties without current arrears
Preparation remains useful:
- Build a complete tenant file: lease, property inspection report, payment history, correspondence — in the event of a future problem, the quality of the file will make a difference
- Know the calendar: arrears that start in October and are not dealt with immediately can be blocked by the moratorium until March
With Seido, the history of payments, formal notices, and communications with the tenant is centralised and timestamped. In the event of eviction proceedings or a Regional Fund compensation claim, you have a complete and structured file — ready to pass on to your lawyer or the Fund. Discover Seido →
This article is part of Property Essentials #2 — February 2026. Also read: Brussels rent reference grid: the disconnection confirmed — Brussels property tax: the explosion of municipal surcharges.
Sources and references
- Constitutional Court, ruling no. 131/2025 of 9 October 2025, confirming the constitutionality of the Brussels winter moratorium
- The Constitutional Court validates the winter moratorium on evictions, RTBF, 09/10/2025
- Evictions in Brussels: the Constitutional Court validates the winter moratorium, Federia, 17/11/2025