Should the tenant grant access to the landlord?

Verified 26 May 2023 - Directorate for Legal and Administrative Information (Prime Minister)

In some cases, the tenant must allow the landlord access to the rented accommodation. It is not a right of access per se, but rather a right of access applicable when circumstances so require, and under certain conditions.

The situation differs depending on whether the landlord has to carry out work on the dwelling or whether he offers for sale or rents it.

Works

For the works that the tenant must let the owner do in the accommodation he lives, the owner can reserve the opportunity to visit the premises accompanied by professionals (architect, craftsman...). This is particularly the case for the following works:

  • Improvements in the communal and private areas of the same building (e.g. installation of a digital code)
  • Work necessary for the maintenance of the dwelling (e.g. defective shutter)
  • Improvement of the energy performance of the dwelling (insulation work)
  • Work to meet the criteria of a decent housing
  • Maintenance of roofs and green facades

Before the work begins, the landlord must notify the tenant. To do so, he must send her a notification by registered letter with acknowledgement of receipt or hand it to him.

This notification must specify the nature of the work (improvement sought, urgency, energy performance planned...) and the way it will be done (start date, duration, need for access...).

If this work is urgent (for example, the water heater in winter), the tenant must allow access to his accommodation for the preparation and execution of the work. However, it is not obligated to allow access on Saturdays, Sundays and public holidays.

The tenant must allow access to his accommodation for the preparation and execution of the works at the owner's expense.

However, if the repairs or work lasts more than 21 days, the landlord must grant the landlord a rent reduction proportional to the duration of the work.

In some cases, the tenant may use the protection litigation judge the court on which the dwelling depends.

This is the case when the work:

  • are abusive in nature
  • or do not comply with the conditions set out in notification of works
  • or make the use of the dwelling impossible or dangerous.

The tenant can then ask the judge:

  • the prohibition of work undertaken
  • or the interruption of work undertaken
  • or, where the work renders the dwelling uninhabitable, termination of the lease.

Listing or relisting for rent

The lease may contain a clause indicating that the owner (or his representative, e.g. a real estate agent) has a right of access to:

  • when the unit is put up for sale
  • or when the tenant gives notice (leave).

The purpose of these visits is to sell or rent out the accommodation.

The conditions of these visits (days, hours) must be agreed between the owner and the tenant. But these visits should not take place:

  • or a public holiday,
  • not on Sundays,
  • or for more than 2 hours on working days.

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