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In our E-newsletter of November 7, 2023, we knowledgeable you of the brand new process for house eviction within the Brussels-Capital Area launched by the Brussels ordinance of June 22, 2023.
This process has been in power since September 1, 2023, and has inserted a brand new article 233duodecies within the Brussels Housing Code.
As a reminder, this ordinance places in place the “winter truce” for evictions, i.e. the ban on evictions between November 1 and March 15 inclusive.
Nevertheless, in a judgment handed down on September 13, 2023, the magistrate of the Canton of Uccle rejected the winter truce on the grounds that the momentary ban on evicting a tenant who fails to fulfill his or her obligations constitutes an interference with the owner’s proper to property, failing to fulfill the criterion of a good steadiness between the imperatives of the overall curiosity and people of defending the appropriate to respect for property.
The magistrate utilized the proportionality check between the tenant’s pursuits on the one hand, and the lessor’s pursuits on the opposite, to conclude that the measure constituted an extreme restriction on the latter’s rights.
It additional considers that the winter truce additionally leads to a restriction of the appropriate of entry to the courts, which incorporates specifically the appropriate to implement last court docket selections.
On this foundation, in addition to on the premise of article 11 of the Belgian Structure (anti-discrimination provision), he concludes that the winter truce is discriminatory.
In follow, the magistrate of the Canton of Uccle has added a further exception to the winter truce, to these already supplied for in article 233 duodecies of the Brussels Housing Code (to see the exceptions, seek the advice of our final E-newsletter on this topic right here).
It’s nonetheless early to evaluate the concrete penalties of this ruling, in addition to the appliance of the brand new provision by the opposite Brussels justices of the peace, however it’s clear that the brand new provisions of the Brussels ordinance of June 22, 2023 don’t appear to be unanimously accepted…
For extra data on this topic, please contact Carole DE RUYT.
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