A few months apart, in 2025, two Brussels justices of the peace found that tenants' right to the winter moratorium was not absolute. These rare decisions — from the justice of the peace of Uccle in June, then Woluwe-Saint-Pierre in November — shed light on the limits of this mechanism and open a concrete route for landlords facing defaulting tenants. What these rulings mean and how to apply them in practice.
What is the Brussels winter moratorium?
The winter moratorium is a protection provided by the Brussels Housing Code that prohibits, during a period generally running from 1 November to 15 March, the eviction of a tenant from housing even where a judge has ordered the eviction. This protection applies by operation of law in Brussels — unlike Wallonia and Flanders, where similar mechanisms exist but with different terms.
The objective of the moratorium is humanitarian: to prevent a family ending up on the street in the middle of winter. The Belgian Constitutional Court validated this mechanism in a ruling of 9 October 2025. It is therefore constitutionally legitimate.
The question decided by the two 2025 rulings is different: can the parties contractually agree not to apply this moratorium within the framework of a settlement agreement?
First ruling: justice of the peace of Uccle, 20 June 2025
The facts
A couple of tenants had rent arrears exceeding EUR 4,000. Rather than immediately initiating eviction proceedings, the landlord agreed to negotiate. A written agreement was signed between the parties, providing:
- A repayment plan for the arrears (EUR 300 per month initially, then regular monthly instalments)
- An express clause stipulating that in the event of non-compliance with the payment plan, the tenants could be evicted immediately, including during the winter moratorium period
The tenants did not respect the agreement. They stopped payments after a few months. The landlord requested immediate enforcement of the eviction clause, in the middle of winter.
The judge's decision
The justice of the peace of Uccle ruled in the landlord's favour. He held that the waiver of the winter moratorium was valid: the tenants, knowingly and of their own free will, had expressly waived the benefit of this protection within the framework of the agreement. This waiver was clear, unambiguous, and had been freely given.
The eviction was carried out during the winter period.
Second ruling: justice of the peace of Woluwe-Saint-Pierre, 18 November 2025
The facts
A similar situation: tenants acknowledged owing more than EUR 4,000 in rent arrears. A written payment agreement had been concluded, including an express waiver clause for the winter moratorium in the event of non-compliance with the plan.
The agreement was not respected by the tenants. The landlord sought immediate eviction.
The judge's decision
The justice of the peace of Woluwe-Saint-Pierre reached the same conclusion as his Uccle colleague: the waiver of the winter moratorium, freely given within the framework of a written agreement signed by both parties, is valid and enforceable. The eviction was able to proceed.
What these two rulings teach
The principle: the winter moratorium is available but not absolutely mandatory
The confirmation by two independent judges of the same reasoning is significant. It outlines a principle of case law: the Brussels winter moratorium protects tenants, but that protection can be lifted contractually within the framework of a dispute settlement agreement, provided the waiver is express, clear, and freely given.
This is not an open door: a landlord cannot include a moratorium waiver clause in a standard lease — this would likely be invalid. The principle applies specifically to the situation where a settlement agreement is negotiated after the fact, in the context of an existing dispute, with parties accepting mutual concessions.
Why retaining a defaulting tenant often worsens the situation
Both rulings were made in contexts where tenants had significant arrears (more than EUR 4,000). The experience of landlords and managers converges on an uncomfortable finding: retaining a defaulting tenant in the property generally increases the arrears.
When a tenant knows they cannot be evicted during the winter moratorium, the pressure to regularise their situation disappears. Payments stop entirely. The landlord accumulates additional months of arrears — often unrecoverable because defaulting tenants are frequently in collective debt settlement procedures or are insolvent.
A prompt eviction, where legally possible, often limits the landlord's total losses.
Arrears are often unrecoverable
This is a point that landlords frequently underestimate: even where a judgment orders a tenant to repay their arrears, effective recovery is rare. Tenants who accumulate EUR 4,000, EUR 6,000, or EUR 10,000 in arrears are often in financial situations that make repayment improbable.
This reality reinforces the importance of acting promptly at the first signs of default — and of negotiating agreements that protect the landlord rather than waiting for a crisis situation to develop.
How to draft a protective payment agreement
The essential elements
For a winter moratorium waiver clause to be valid, the agreement must contain the following:
1. Identification of the arrears
- Total amount of arrears (in figures and in words)
- Breakdown by period (month of January, February, March...)
- Written confirmation by both parties of the recognised amount
2. The repayment plan
- Amount and date of each instalment
- Payment terms (bank transfer, reference)
- Consequences of a missed payment (acceleration clause)
3. The express waiver clause for the winter moratorium The wording must be clear and unambiguous. Example of wording:
"The tenants expressly acknowledge that, in the event of non-compliance with this payment agreement — in particular in the event of failure to pay any monthly instalment by its due date — the landlord will be entitled to require immediate enforcement of this agreement, including the eviction of the tenants, notwithstanding the winter moratorium period provided for by the Brussels Housing Code and whatever the date of such enforcement."
4. The date and signatures The agreement must be dated and signed by all parties — landlord and all tenants named in the lease.
5. The "read and approved" note To reinforce proof of informed consent, each party should write "read and approved" in their own hand before their signature.
What the agreement cannot do
A payment agreement cannot:
- Permanently remove the winter moratorium for all future situations
- Contain a preventive waiver in an initial lease (before any dispute)
- Be signed under duress or without the tenant understanding their rights
The validity of the waiver rests on the free and informed nature of the consent. If a tenant later contests that they did not understand what they were waiving, the judge could set aside the clause.
The overall procedure in the event of arrears: the steps
Step 1: The first signs (0–30 days of arrears)
- Contact the tenant by telephone to understand the situation
- Send a written reminder (email or ordinary letter)
- Document all exchanges
Step 2: Formal notice (30–60 days)
- Send a formal notice by registered letter with acknowledgement of receipt
- State the precise amount of arrears
- Set a regularisation deadline (8 to 15 days)
- Inform the tenant of the consequences of non-payment
Step 3: Amicable agreement (if the tenant is acting in good faith)
- Propose a meeting to negotiate a payment agreement
- Draft the agreement following the template above
- Have it signed in the presence of both parties
- Retain the signed originals
Step 4: Court proceedings (if no agreement or agreement not respected)
- Refer the matter to the competent justice of the peace
- In the event of a non-respected agreement with a waiver clause: request immediate enforcement
- In the event of eviction: winter moratorium compensation fund (see our January 2026 article for the details of the procedure)
What property managers should put in place
- Develop a standard payment agreement template including the winter moratorium waiver clause — to have ready for every default situation
- Act promptly at the first signs of arrears — an agreement negotiated at EUR 1,500 of arrears is easier to honour than one negotiated at EUR 6,000
- Systematically document all exchanges with defaulting tenants: telephone calls, text messages, emails, registered letters
- Inform landlords of the risk of unrecoverable arrears and the importance of acting before the situation becomes critical
With Seido, every exchange with the tenant is tracked and timestamped: formal notices, payment agreements, proof of non-payment, and payment receipts. In the event of proceedings, you have a complete and structured file — without having to search through emails or paper archives. Track your tenants →
This article is part of Property Essentials #3 — March 2026. Also read: Behavioural taxes on property — Federia barometer: rental supply contracting.
Sources and references
- Justice of the peace of Uccle, 20 June 2025 — valid waiver of the winter moratorium
- Justice of the peace of Woluwe-Saint-Pierre, 18 November 2025 — valid waiver of the winter moratorium
- Analysis by Alfred Devreux (former SNPC president, honorary lawyer), Le Cri no. 502, March 2026, p. 27
- Brussels Housing Code — provisions on the winter moratorium
- Constitutional Court validates the winter moratorium, RTBF, 09/10/2025