New Student Rights in Wallonia

In 2023-2024, Wallonia refined the framework for student leases and rental guarantees, with measures directly affecting the formation of the lease, its execution, rent indexation, and moving out. Between the Walloon decree on residential leases (March 15, 2018) and recent adjustments highlighted by practitioners, students now have clearer rights regarding the contract duration, guarantees, the inventory of fixtures, indexation temporarily regulated according to the PEB (Energy Performance of Buildings), and shared accommodation (SPW Housing; Decree of March 15, 2018; Order of the Walloon Government of October 6, 2022; Creno, 2023).

Context of the changes

The regional framework for student leases in Wallonia

Since the sixth state reform, jurisdiction over residential leases has been regionalized. In Wallonia, it is governed by the decree of March 15, 2018, concerning residential leases, which includes a specific regime for student leases. This regime requires a written form, limits the contract duration to twelve months (renewable), and mandates that the tenant's student status be explicitly stated to prevent reclassification as a standard primary residence lease (Decree of March 15, 2018, Belgian Official Gazette; SPW Housing – Student Lease).

The decree also systematized the entry inventory, with costs shared unless otherwise agreed, and the obligation to attach relevant documents (including the building's Energy Performance Certificate or information sheet) upon signing. These requirements, sometimes perceived as administrative, are nevertheless essential for the legal security of student leases in Belgium and the clarity of each party's rights and obligations, particularly when the security deposit is returned (SPW Housing – Inventory; Walloon Code of Sustainable Housing).

Student co-living, very common in Liège (Outremeuse, Laveu), Louvain-la-Neuve (city center, Biéreau), Namur (Salzinnes, Jambes), and Mons (near the University of Mons and the city center), has also been integrated with a co-living agreement mechanism. This agreement organizes the departure of a roommate and their replacement, limiting conflicts and clarifying solidarity among students, including regarding the rental deposit (Decree of March 15, 2018; SPW Housing – Co-living).

2023 adjustments to warranty and procedures

In 2023, practical clarifications were made regarding rental guarantees and exit procedures, relayed by legal experts and notaries. The key point, confirmed by legal doctrine, is that the rental guarantee ceiling remains, under common law, two months' rent for an individual blocked account and three months for a staggered bank guarantee. This applies to student leases in Wallonia in 2023, as well as to other residential segments (Federal Public Service Economy – Rental Guarantee; Creno, 2023). Service providers (banks, Public Social Welfare Centres (CPAS), and sometimes university social services) continue to offer specific programs for young people with limited resources.

Another key area is the move-out process and the release of funds. The requirement for a written agreement between the parties or a court order to release the security deposit is reiterated, with an emphasis on reasonable timeframes and proof through a comparative inventory of fixtures. Practitioners note that standardized clauses, compliant with the decree, reduce disputes at the end of the lease, particularly regarding paintwork or normal wear and tear of furniture in student accommodation (Creno, 2023; SPW Housing – Security Deposit).

Finally, the 2022-2023 period saw the introduction in Wallonia of a temporary framework for rent indexation based on energy performance (EPB). Specifically, indexation was adjusted (or suspended) for properties with low EPB ratings, in order to ease the burden on tenants, including students. This time-limited measure had an immediate impact on student housing budgets, particularly in older buildings in the centers of Liège, Namur, and Charleroi, which are less energy-efficient (Walloon Government Decree of October 6, 2022; SPW Housing – Indexation and EPB).

A tense socio-economic context

Pressure on student housing has increased with inflation and the post-pandemic recovery. The health index (a benchmark for rent indexation) rose significantly in 2022-2023, while student wages and family allowances did not keep pace. Surveys by student associations have highlighted the budgetary vulnerability of students living in shared accommodation, with housing costs often exceeding 40% of their monthly budget in university towns (FEF – 2023 Cost of Studies Barometer; IWEPS – Rent Observatory).

At the same time, the range of student accommodation is diversifying: renovated residences in Louvain-la-Neuve, buildings divided into shared apartments in Liège (Sainte-Marguerite, Avroy), and small, adapted houses within the city walls of Namur. This heterogeneity reinforces the need for clear guidelines on rental guarantees, inventory of fixtures, charges, and indexation to secure student leases, hence the importance of the 2023 updates explained by professionals (Creno, 2023; SPW Housing).

New deadlines and guarantees

Rental guarantee: limits, forms and stakeholders

Rental guarantees remain strictly regulated. In Wallonia, for a student lease, the landlord can only demand a maximum of two months' rent when it is paid into an individual escrow account in the student's name. If the guarantee takes the form of a staggered bank guarantee (the student repays the bank over an agreed period), the limit is three months. These parameters, confirmed by practice in 2023, are aligned with the Wallonia 2023 student lease agreement and aim to prevent disproportionate demands (Federal Public Service Economy – Rental Guarantee; Creno, 2023).

Furthermore, some Public Social Welfare Centres (CPAS) provide assistance through social rental guarantees or security deposits, following a social inquiry, for low-income households or students. University social services (ULiège, UNamur, UCLouvain, FUCaM Mons) can also verify student status and direct applicants to less expensive banking solutions. These channels are essential for first-time tenants, who often lack a credit history (CPAS – Rental Guarantee Assistance; University Social Services – Public Information).

The release of the security deposit is based on: 1) a joint written agreement signed by the landlord and the student; 2) a conciliation agreement; or 3) a court judgment. The move-out inspection report, compared to the move-in inspection report, serves as a benchmark for distinguishing normal wear and tear from damage attributable to the tenant. Including a clear clause regarding the release procedure and the deadline for returning the keys reduces disputes, which are frequent at the end of the academic year (Creno, 2023; SPW Housing – Security Deposit).

Notice periods and flexibility in shared accommodation

The 2018 Walloon decree stipulates specific notice periods. For fixed-term student leases (generally 10 or 12 months), the standard notice period is stricter than for a primary residence lease, but some adjustments exist, particularly in shared tenancy arrangements. In practice, written agreements include a mechanism for replacing the departing tenant, approved by the landlord, with a transfer of rights and obligations. This mechanism, provided for in the tenancy agreement, limits the exposure of the tenants to unpaid rent and organizes the transfer of the security deposit share to the incoming tenant (Decree of March 15, 2018; SPW Housing – Shared Tenancy).

Practitioners recommend setting a notice period of 2 to 3 months before the planned departure to allow time to find a replacement. Explicitly listing any potential costs in the agreement (interim inventory, cleaning of common areas) avoids unpleasant surprises. Adhering to these deadlines is crucial in high-demand areas such as Louvain-la-Neuve or Liège Guillemins, where tenant turnover increases between June and September (Creno, 2023; Market observations relayed by IWEPS and real estate platforms).

Regarding early termination of a lease outside of shared accommodation, legal certainty primarily relies on the wording of the lease agreement. Specifying limited and objectively verifiable grounds (for example, failure to enroll at the educational institution, official academic mobility) helps avoid ambiguity. Standard leases offered by some universities and student residences reflect this cautious approach, requiring supporting documentation in the event of early departure (SPW Housing – Student Lease; university lease templates).

Indexing, PEB and charges: new timeframes

Wallonia temporarily regulated rent indexation based on the property's Energy Performance Certificate (EPC) rating (2022-2023). For properties with unfavorable EPC ratings, indexation was limited or suspended to protect tenants' purchasing power during a period of soaring energy prices. Student accommodation in older buildings, common in urban centers, particularly benefited from this regulation, with rents indexed less than would have been possible under the pure theory of the health index (Decree of the Walloon Government of October 6, 2022; SPW Housing – Indexation).

Regarding charges, the regulations reiterate the obligation of transparency: distinction between flat-rate charges and actual charges, methods of calculation, and the adjustment schedule. Recent student residences in Namur (near UNamur) and Louvain-la-Neuve now provide more detailed breakdowns of charges (common heating, common areas, internet), which reduces disputes during annual adjustments (SPW Housing – Rental Charges).

In practice, the combination of adjusted indexation and transparent charges represents a significant evolution in student rights, even if some of these measures remain temporary and subject to reassessment. They complement the core elements of the Wallonia 2023 student lease: written form, fixed term, security deposit caps, joint inventory of fixtures, and notice/shared tenancy mechanisms (Creno, 2023; SPW Housing).

Impact on students

Purchasing power and budget predictability

The regulation of rent indexation, coupled with caps on rental guarantees, strengthens students' budgetary predictability. A two-month guarantee in an escrow account, rather than higher, unauthorized amounts, frees up cash for tuition fees, transportation (TEC, SNCB), and basic necessities. In Louvain-la-Neuve, Liège, and Namur, where the net rent for a student room (kot) frequently ranges from €350 to €550 depending on location and energy efficiency, the reduced uncertainty surrounding indexation translates into a difference of several tens of euros per month in 2022-2023 (IWEPS – Rent Observatory; SPW Housing – Indexation and PEB).

Data from the FEF (Federation of French-speaking Students) indicates that housing represents one of the largest student expenses, sometimes exceeding 40% of the budget, ahead of food and transportation. In this context, student rights linked to student leases in Belgium offer concrete protection: limits on the security deposit, transparency of charges, a framework for shared accommodation, and access to social assistance from the CPAS (Public Social Welfare Centres) in case of financial difficulties. Students receiving scholarships or assistance from the CPAS are particularly sensitive to these safeguards (FEF – 2023 Cost of Studies Barometer; CPAS – Security Deposit Assistance).

Over time, the cumulative effect is tangible: indexing based on a PEB D/E rating and capping the guarantee at two months can represent, over an academic year, the equivalent of several textbooks or an annual TEC/SNCB public transport pass. This mechanism is all the more crucial for student accommodations located far from campuses (for example, beyond Boulevard d'Avroy in Liège or the N4 in Louvain-la-Neuve), where travel costs are added to the rent (SPW Mobility; IWEPS).

Legal certainty and conflict reduction

The requirement for a joint entry inventory protects students against arbitrary deductions from their security deposit. By comparing the condition of the property upon departure with the condition documented upon entry, the burden of proof becomes more objective: normal wear and tear on a work surface or carpet cannot be considered damage. Practitioners have observed, based on feedback from the justices of the peace, a decrease in disputes when the lease and its appendices are complete and comply with the decree (Creno, 2023; SPW Housing – Inventory).

Shared accommodation regulated by a written agreement also reduces the risks of unlimited joint liability. When a departing student is replaced according to the agreed procedure, their obligations are transferred to the new incoming student, including their share of the security deposit, subject to an interim inventory of the room's condition. This mechanism, frequently used in student housing in Louvain-la-Neuve and Outremeuse, limits unpaid rent and stabilizes the rents charged by landlords (Decree of March 15, 2018; SPW Housing – Shared Accommodation).

Clarification regarding the release of the security deposit and the required supporting documents ultimately helps to shorten the post-departure waiting period. When a written agreement specifically mentions the amounts allocated to rental repairs, the bank releases the funds within a few business days, preventing cash flow problems during the summer, a time when families incur other expenses (Federal Public Service Economy – Rental Guarantee).

Effects vary depending on local markets

The impacts are not uniform. In Louvain-la-Neuve, where demand structurally exceeds the supply of quality student housing, increased transparency regarding energy performance certificate (EPC) indexation has moderated some rent adjustments, but scarcity remains a determining factor. In Liège, the diversity of the housing stock (older buildings in Outremeuse, renovations around Guillemins station, and newer buildings in Sart-Tilman) makes EPC information particularly useful, as heating cost variations are significant. In Namur, the central location of the campus and the arrival of new residences have improved transparency of charges and average energy performance (IWEPS – Observatory; SPW Housing – EPC and Rents).

In the outlying municipalities (Ottignies-Louvain-la-Neuve, Seraing, Jambes, Mons), the rent guarantee scheme primarily protects low-income households who would not be able to afford more than two months' rent. Maintaining this cap, as highlighted by practitioners in 2023, prevents barriers to entry into the private rental market and supports intra-regional academic mobility (Creno, 2023; FPS Economy).

In summary, the combination of formal rights (written lease, annexes, inventory), ceilings (rental guarantee) and a cyclical framework (PEB indexation) has produced a stabilizing effect, appreciated by students and by a large part of landlords, who find increased contractual security (SPW Housing; Creno, 2023).

Student testimonials

What surveys and barometers say

Rather than individual accounts, trends emerge from representative surveys. The 2023 Cost of Studies Barometer from the Federation of Francophone Students (FEF) highlights the increase in housing costs and the mitigating effect of indexation regulations based on the PEB (Energy Performance of Buildings). Students living in PEB-compliant student housing report high energy bills, but a lower-than-expected base rent indexation between 2022 and 2023, thus limiting the overall increase in occupancy costs. This finding aligns with analyses conducted by IWEPS (Walloon Institute for Evaluation, Forecasting and Statistics) on the rise in private rents in Wallonia (FEF, 2023; IWEPS – Rent Observatory 2023).

University social services report a sustained demand for information on rental guarantees: procedures (blocked account vs. bank guarantee), release periods, and available assistance through the Public Social Welfare Centre (CPAS). First-time tenants without strong family guarantors more often opt for staggered bank guarantees, despite a slightly higher total cost, because they preserve cash flow at the time of enrollment (ULiège Social Services, UNamur – public communications; CPAS – Guarantee Assistance).

Finally, regarding shared accommodation, several student associations confirm that a written agreement facilitates room rotation. The structured replacement of a roommate prevents rent payments that overlap for those who go on internships in the second semester, a recurring issue in technical and medical fields. Here too, the standardization of clauses in 2023-2024, based on models compliant with the decree, reduces misunderstandings (SPW Housing – Shared Accommodation; university models).

Feedback on the condition of the premises and the exit

Surveys conducted by student associations show that the majority of disputes arise upon moving out: paintwork, cleanliness of common areas, and minor appliances (light fixtures, cooktops). When the move-in inspection report includes dated photos and is attached to the lease, the dispute rate drops significantly. In Liège and Louvain-la-Neuve, structured student residences now offer standardized inspection reports with normal wear and tear checklists, based on recommendations from insurers and landlords' associations (SPW Housing – Inspection Report; feedback from associations).

Students using a staggered bank guarantee report a shorter release time if the written agreement includes a breakdown of the amounts and the recipient's bank details. Conversely, when actual charges have not been settled before the keys are handed over, the delays are longer, as the bank requires additional proof. These observations align with best practices highlighted by legal experts: settle charges, provide supporting documents, and plan the move-out (Creno, 2023; FPS Economy – Rental Guarantee).

In shared accommodations, students appreciate the usefulness of an interim inventory when a single occupant moves out. This step, although sometimes considered cumbersome, allows for the settlement of individual responsibilities and prevents the departing tenant's share from being held responsible for any subsequent damage. The shared accommodation agreement thus gains credibility, especially in houses in Outremeuse, Laveu, Biéreau, or Salzinnes where there is a high turnover rate (SPW Housing – Shared Accommodation; university practices).

Effects of PEB indexing on the ground

Aggregated feedback from student associations reveals that properties with Energy Performance Certificates (EPCs) ratings of A to C saw indexation closer to the standard formula, while those rated D to G were moderated (or even neutralized), thus curbing rent increases for a significant proportion of older student accommodations. Students confirm, however, that energy bills, despite the regulations, remain higher in poorly insulated buildings. They strongly favor listings that include the EPC rating and a history of utility costs for the past two years, a practice that is becoming increasingly common in Namur and Mons (SPW Housing – EPC and Indexation; FEF 2023).

These observations are fueling a demand for increased transparency: detailed breakdown of charges, energy performance certificate (EPC), copies of the latest collective heating bills, and rules of communal living. Newer residences, often located near universities (Biéreau in Louvain-la-Neuve, Guillemins/Sart-Tilman via TEC buses in Liège), appear better equipped to meet these expectations, with more predictable operating costs over the academic year (SPW Housing – Charges; IWEPS – Observatory).

Overall, the consolidated “testimonies” from representative bodies paint a more predictable picture, but one that remains heterogeneous depending on the condition of the building. Contractual vigilance remains essential, especially upon completion, regarding the release of the guarantee and the regularization of charges (Creno, 2023; FPS Economy).

Practical advice

Before signing: secure the student lease

1) Demand a written lease with the explicit mention of "student lease," a fixed term (≤ 12 months), and a list of attachments (energy performance certificate, building regulations, move-in inventory). 2) Check the security deposit clause: maximum of 2 months (blocked account) or 3 months (bank guarantee) and release procedures. 3) Check the rent indexation clause: reference to the health index and, if applicable, a reminder of the energy performance certificate regulations if still in effect. 4) For shared accommodation, request the co-tenancy agreement detailing the replacement of an occupant and the transfer of the security deposit (Decree of March 15, 2018; FPS Economy; SPW Housing).

On site, inspect the room and common areas: window frames, ventilation, signs of dampness, and smoke detector functionality. Take dated photos upon entry. In Louvain-la-Neuve (Biéreau, Baraque), Namur (city center), and Liège (Outremeuse), these checks are crucial in older or subdivided buildings. If furniture is included, list it and note its precise condition (SPW Housing – Inventory of Fixtures).

Assess your charges: request statements for the last 12 months for central heating and electricity in common areas. If you have a fixed-rate agreement, negotiate a clause for adjustment in case of significant discrepancies. Otherwise, opt for actual charges with annual adjustments and periodic meter readings. A fixed rate that is too low is often offset by deductions from your security deposit upon moving out (SPW Housing – Charges).

During the lease: preventing disputes

Communicate in writing for any problems (water leaks, heating breakdowns). Keep a logbook with dates, photos, and correspondence. If you are sharing accommodation, post the tenancy agreement and the landlord's or building manager's contact information in the common areas. Schedule a mid-term maintenance visit to address any issues before the exam period, when schedules are busy (SPW Housing – Housing Quality).

For rent payments, use a bank transfer with a structured reference number. In case of temporary difficulties (unpaid internship, loss of a student job), contact the student social services as soon as possible and, if necessary, the local social services office (CPAS) for an advance or temporary guarantee. The earlier you intervene, the more solutions will be available (CPAS – Social Assistance; University Social Services).

Anticipate the annual rent adjustment: check the anniversary date of your student lease and compare the landlord's request with the official health index. If the property has a low Energy Performance Certificate (EPC) rating and the regulations apply, request the legally mandated adjustment. Keep the supporting documents (EPC certificate, indexation calculation) to avoid undue adjustments (SPW Housing – Indexation and EPC; Statbel – Health Index).

Upon exiting: collect your deposit and close the transaction properly

Organize the move-out at least 3 to 4 weeks before the key handover. 1) Settle all outstanding charges (common areas, heating, water). 2) Carry out minor repairs (light bulbs, drains, wall plug holes). 3) Clean the room and common areas (oven, defrosted refrigerator, bathrooms). 4) Prepare the move-out inspection report with the move-in inspection report and photos. 5) Draft a security deposit release agreement including IBANs, amounts, and any outstanding balance owed to the landlord (FPS Economy – Rental Guarantee; Creno, 2023).

In a shared tenancy, prepare an interim inventory if only one tenant is leaving. Have an addendum signed formalizing the replacement, the transfer of the security deposit share, and the update to the tenancy agreement. Conduct a walkthrough of the common areas to prevent you from being held responsible for any collective damage afterward (SPW Housing – Shared Tenancy).

If a disagreement persists, propose mediation before the competent justice of the peace (in the municipality where the student accommodation is located). This quick and inexpensive route often results in an enforceable report, releasing the security deposit. Bring your documents: lease, inventory of fixtures, photos, proof of payment, and utility bills (Justice of the Peace – Public Information; Creno, 2023).

Sources

• Creno – September 2023 file: student lease and rental guarantee
• SPW Housing – Official information (student lease, shared accommodation, charges, inventory, indexation)
• Federal Public Service Economy – Rental Guarantee (ceilings and forms)
• Decree of the Walloon Government of 6 October 2022 – Indexation of rents and PEB
• Decree of 15 March 2018 relating to residential leases in the Walloon Region
• FEF – 2023 Study Cost Barometer
• IWEPS – Rent Observatory 2023
• CPAS – General information on rental guarantee assistance
• Statbel – Price index and health index