A student room as a primary residence

What is a primary residence?

A primary residence is the place where a person actually resides for the majority of the year. They will be registered there in the national registery and therefore have their domicile there.

An exception is made for students who live in student rooms. Normally, they remain dependent on their parents during their studies. Furthermore, it is assumed that they regularly return to their parents' home during weekends and school holidays. In other words, the law stipulates that students living in student rooms are only temporarily absent and therefore maintain their primary residence with their parents.

 Which students take their student room as their primary residence?

Some students are no longer dependent on their parents. They are financially independent and no longer go home during weekends or school holidays. For these students, their student room becomes their primary residence f they have received permission from their landlord. This does, however, have consequences for the rental agreement. In that case, it is no longer a student tenancy agreement, but a residential tenancy agreement for a primary residence. This means that this contract falls under a different title of the Flemish Housing Rental Decree, and therefore, different rules apply. We list the most important differences below. At the bottom of the page, you will find an example of a contract for a primary residence in student rooms.

What about international students?

Everyone staying in Belgium for a period of over 90 days must be registered in the national registery. This means they must have their domicile in the city or municipality they live in.

However, registration in the register does not automatically constitute a principal residence within the meaning of rental legislation. If the student still has a principal residence in their home country, a student tenancy agreement can be used. The address in their home country must then be entered as the principal residence on the contract.

If a student no longer has a principal residence abroad and the address in Belgium is therefore their only residence, a residential tenancy agreement must be used as the principal residence. More information about renting to international students can be found here.

DIFFERENCES BETWEEN A STUDENT RENTAL AGREEMENT AND A PRIMARY RESIDENCE RENTAL AGREEMENT

The duration of the rental agreement

Student rental agreements are usually concluded for a period of one semester or one year. If the student wishes to continue renting after that year, a new one-year rental agreement can be drawn up. This means that, as long as the tenant is a student, an unlimited number of consecutive contracts can be concluded.

With a residential rental agreement, there is a limitation. The rental period of a short-term contract may be three years or less. Therefore, you can also enter into a one-year agreement here. However, this agreement can only be extended once under the same conditions, with the total duration of both contracts not exceeding three years. If both parties wish to continue the rental agreement after that three-year period or after two consecutive short-term contracts, it is automatically considered a nine-year agreement from the start date of the first contract.

Termination of the Lease

Unlike a student accommodation lease, a lease for a primary residence must always be terminated, even if it is a short-term agreement.

Both the landlord and the tenant can terminate a short-term lease by giving notice at least three months before the end of the lease.

If this is not done in time, the original lease agreement continues under the same terms and conditions, but is deemed to have been concluded for a period of nine years from the outset.

Early Termination of the Rental Agreement

In the case of a student rental agreement, the student can only terminate the agreement early in certain circumstances. See Termination of the Rental Agreement. The landlord cannot terminate the student rental agreement early.

A short-term residential tenancy agreement can be terminated early at any time, provided three months' notice is given and a termination fee is paid.

The termination fee is:

• One and a half months' rent if the tenancy ends in the first year
• One month's rent if the tenancy ends in the second year
• Half a month's rent if the tenancy ends in the third year

The landlord cannot terminate the short-term residential tenancy agreement early.

Even in the case of a nine-year tenancy agreement, the tenant can terminate the agreement at any time provided three months' notice is given. If this happens during the first three years, the tenant must pay a termination fee of:

• Three months' rent if the lease ends in the first year
• Two months' rent if the lease ends in the second year
• One month's rent if the lease ends in the third year

In certain cases, the landlord can also terminate the nine-year lease agreement early. For more information, please visit the Wonen.vlaanderen website.

The security deposit

The security deposit for student housing may amount to a maximum of two months' rent. This deposit may be deposited into the landlord's account.

For residential tenancy agreements, the rental deposit may amount to a maximum of three months' rent. This deposit must be deposited into a blocked account in the tenant's name.