Fillable Tenancy Agreement For Student Accommodation Template

PART 2: GENERAL TERMS AND CONDITIONS

OBLIGATIONS OF THE LANDLORD

OBLIGATIONS OF THE TENANT

Art. 8. Basic obligations with regard to safety, health and amenities

Art. 12. Subletting and transfer of tenancy

The landlord promises to adhere to the regulations of the Brussels Housing

Subletting the accommodation, placing it at the disposal of others or transfers

Code.

of tenancy are prohibited without the landlord’s written permission. All forms

of trade or industry or professional activities are also explicitly forbidden and

Art. 9. Maintenance and repairs

can only be permitted after the landlord’s written agreement. In particular must

the tenancy agreement under no circumstances become subject to

In accordance with the relevant legal provisions, all technical maintenance

Commercial Tenancy Law. If the landlord were to be taxed under that law, this

and repairs are the responsibility of the landlord. The tenant must

taxation will be exclusively paid by the tenant.

immediately, in writing, notify the landlord of any damages or defects

requiring repairs. The landlord undertakes to have the repairs carried out as

Art. 13. Damages and depreciation

soon as possible. The landlord can carry out small maintenance jobs in the

accommodation, or have them carried out. For major repairs, a suitable

The tenant is responsible for all damages or depreciation caused by himself or

moment is to be decided upon in consultation with the tenant(s). The landlord

by a third party to whom he allowed access to the accommodation. The tenant

will, however, carry out no repairs during the revision or the examination

must also take the necessary precautions to prevent frost damage in the

periods, with the exception of urgent repairs. All requested alterations or

accommodation. It is the landlord’s responsibility to protect all installations

renovations have to be clearly described.

from frost damage. With the exception of repairs at the expense of the

landlord, normal use, maintenance or wear and tear, the tenants are supposed

Art. 10. Quiet enjoyment

to be jointly liable for all damages inflicted on the communal areas and safety

installations, when the individual(s) responsible for the damage is/are

During the term of the agreement, the tenant has the property uninterruptedly

unknown.

at his disposal. The landlord undertakes to ensure the quiet enjoyment of the

accommodation. He is only allowed access to the rented property for reasons

Art. 14. Insurance of the home contents

of hygiene, safety, technical maintenance, re-letting or in case of

circumstances beyond one’s control. The tenant is not allowed to keep

The tenant will insure his personal belongings against all risks deemed

animals in the rented property or to let animals stay there. Both parties, as

necessary by him, at his own expense, with a waiver of recourse in favour of

well as third parties to whom they may have granted access, must refrain from

the landlord. It may be possible to have the tenant’s parents’ fire insurance

any activities that might disturb the peace and quiet of the other occupants of

policy cover this risk.

the building or neighbours.

Art. 11. Insurances

The landlord must adequately insure the building against the risks of fire,

electrical damage, explosions, water damage, storm damage, lightning strikes,

attacks and neighbour nuisance, with a waiver of subrogation in favour of the

tenant.

PART 3: POSSIBILITIES OF TERMINATING THE TENANCY AGREEMENT

Art. 15. Premature termination

Art. 16. Prior attempt at reconciliation

The landlord and the tenant explicitly agree that the following situations,

The tenant must be a student of one of Br(ik’s partner institutions and the

at least, are to be considered serious shortcomings by the tenant, and that

landlord must be registered with Br(ik as a homeowner.

they are such that they would justify the landlord’s possible claim for the

Each dispute with regard to the interpretation, the execution or the termination

judicial dissolution of the present agreement at the expense of the tenant:

of this tenancy agreement can be submitted to Br(ik, at the request of one of

serious reasons due to the behaviour of the tenant as a result of which the

•

the parties involved, prior to bringing the case before the court. This service

original purpose of the accommodation as a place for study risks being

will then as soon as possible formulate a proposal to reconcile both parties.

compromised;

The parties retain the initiative to take further steps, if necessary legal ones.

if the rent arrears exceed 2 months’ rent.

•

Only Belgian law applies and only the courts of the judicial district of Brussels

The re-letting fee which is then due consists of 3 months’ net rent (rent

are competent.

without the costs and charges).

Art. 17. Final provisions

Both parties can terminate this agreement without stating a valid reason

by giving 1 month’s notice: the compensation amounts to minimum 2 months’

This tenancy agreement can also be complemented by health and safety

and maximum 3 months’ rent. If a new tenant, who is acceptable to the

regulations that have previously been communicated to the tenant. In that

landlord, is prepared to take over the tenancy agreement, the compensation

case, the tenant must adhere to these regulations. Both parties must

can by mutual consent be limited to the actual loss of rent incurred.

subscribe these regulations and the signed copies must be attached to all

The termination takes effect on the first day of the rental month following the

copies of the tenancy agreement. Their content may under no circumstances

month in which notice was served.

be contrary to or detract from the stipulations in the tenancy agreement.

Notice must in all cases be sent by registered mail and must include the

(possible) reason for termination and evidence thereof. A copy of this letter

must be sent to Br(ik. When the tenant dies, the tenancy agreement is

automatically terminated.

Drawn up in ............................................................................ on .................................................... in duplicate / triplicate. Each party acknowledges

receipt of one copy.

THE TENANT(s):

THE LANDLORD :

IMPORTANT: EACH COPY OF THIS AGREEMENT MUST BE SEPARATELY SIGNED BY BOTH PARTIES.

This agreement is entered into on the basis of a model contract, made available by Br(ik – Alles voor stadstudenten vzw. The intervention of Br(ik is

exclusively limited to making the present model contract available, and to its possible role in the context of a preceding attempt at reconciliation

between tenant and landlord. Br(ik is otherwise in no way a part of the contractual bond entered into by the tenant and the landlord, or in any way

involved in establishing that contractual relationship. Br(ik emphasizes that it cannot guarantee and cannot be held responsible for the housing

quality of the student accommodation in question, nor for its conformity to and adherence to the relevant legislation. This is exclusively the

responsibility of the landlord.

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Tenancy Agreement For Student Accommodation Template - Br(Ik Page 2

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