Government measures in key jurisdictions 5th edition - Flipbook - Page 12
Belgium
Property
•
In respect of payment of rent, the current pandemic does not constitute force majeure for
tenants. They have to pay rent and may not suspend payment of rent. However, there are
measures to mitigate the impacts of this pandemic. For instance, in the Flemish Region:
Have any changes
been made to
the laws around
property, rent and
enforcement?
– it is possible to extend the lease agreement by e-mail if the agreement is about to
expire during the confinement period,
– a social tenant who has lost his or her income due to temporary unemployment as a result
of force majeure will be able to ask the social landlord for a temporary adjustment of the
rent, and
– social landlords will be able to provide temporary shelter, directly or through an
intermediary institution, to individual or families in an emergency situation as a result of the
Covid-19 virus measures.
•
In addition, due to social distancing requirements, some procedures or meetings with
physical attendance requirements that have to be organized during the period between 10
March 2020 and 30 June 2020 have been either postponed or allowed for alternative
attendance means, this is the case for the participation in the general meeting of
association of co-owners.
•
The Flemish government has set up a system of commercial lease loans to support
companies and is valid from April 2020.
•
Tenants who due to liquidity problems have difficulties to pay the commercial rent can
apply for a commercial lease loan. The tenant submits an application via the website of the
Agency for Innovation and Entrepreneurship before 1 July 2021. An application may relate
to several properties of the same landlord, for which the tenant applies for a single
commercial lease.
•
The following conditions must be met in order to be eligible for a commercial lease loan:
- The company must have a registered commercial lease,
- The property must be located in the Flemish Region,
- The company has been obliged to close all or part of its physical location, and
- The company had no arrears in the rent for this property on 15 March 2020.
•
The regulation consists of the Flemish government advancing a maximum of four months’
rent (and a maximum of Ä60,000 per property), on condition that the landlord remits one
or two months' rent.
•
The tenant and landlord must sign a model agreement for this, which is made available by
the Innovation and Entrepreneurship agency.
•
The commercial rental loan is also applicable to companies in the event sector.
Litigation
•
Are the courts
operating?
•
•
•
12
The College of Courts and Tribunals has updated its guidelines on the operation of the courts
and tribunals as of 1 November 2020.
In principle, all hearings are conducted as normally as possible, taking into account the
availability of magistrates and clerks. If not all hearings can be held, reasonable choices have
to be made. In any event, all urgent matters are dealt with. Given the exceptional
circumstances, the College encourages the use of videoconferencing. The use of the written
procedure without oral pleadings is encouraged whenever the case circumstances allow.
The President of a chamber must be diligent in ensuring that all health regulations are strictly
observed in the courtroom.
The clerk’s offices are accessible, subject to the known precautions: the rule of social
distancing (1,5m) must be complied with, limiting the number of people in a room, wearing a
mouth mask etc. It is best to contact the clerk’s offices in advance by telephone or e-mail.
Please find the necessary e-mail addresses and telephone numbers on the website of the
court or tribunal concerned.
Government measures in key jurisdictions
