I. Scope and definitions
Article 1
Current regulations apply to landlords of student accommodation (rooms, studios, flats, houses). This rental housing is located on the territory of the city of Antwerp and its districts. In addition, the regulations also apply to the surrounding municipalities: Aartselaar, Mortsel and Edegem.
- Postcode 2000: Antwerp centre
- Postcode 2018: Antwerp Nieuw Zuid/Station/Zurenborg
- Postcode 2020: Antwerp Kiel
- Postcode 2030: Antwerp Port
- Postcode 2040: Berendrecht-Zandvliet-Lillo
- Postcode 2050: Antwerp Linkeroever (Left Bank)
- Postcode 2060: Antwerp North
- Postcode 2100: Deurne (Antwerp)
- Postcode 2140: Borgerhout (Antwerp)
- Postcode 2170: Merksem (Antwerp)
- Postcode 2180: Ekeren (Antwerp)
- Postcode 2600: Berchem (Antwerp)
- Postcode 2610: Wilrijk (Antwerp)
- Postcode 2630: Aartselaar
- Postcode 2640: Mortsel
- Postcode 2650: Edegem
- Postcode 2660: Hoboken (Antwerp)
Article 2
For the purposes of these regulations, the following definitions apply:
- Landlord: any natural person or legal entity who, as owner, co-owner, usufructuary, long-term leaseholder, superficies holder or trustee, rents or makes available for payment or not, on the territory of the City of Antwerp and its districts or surrounding municipalities (see art 1), a residence hall or room, a student or community house or a studio or flat.
- Non-self-contained accommodation (room): housing unit missing at least one of the three basic functions (toilet, bath or shower, cooking facilities) but present as a communal facility adjacent to, or in, the accommodation. The room must be at least 12 m².
- Self-contained accommodation (studio, flat, house): has three basic functions: toilet, bath or shower and cooking facilities. Residents need not use a common area for this purpose. The smallest self-contained accommodation for students (studio) must be at least 18 m².
- Student: any person enrolled at an institution of higher education (university or college of higher education) at which they attend classes and for whom this constitutes their main activity, and whose educational institution's principal place of business is located on the territory of the city of Antwerp and its districts.
- Participating higher education institutions: Antwerp Maritime Academy, Artesis Plantijn University College Antwerp, Karel de Grote University of Applied Sciences and Art, University of Antwerp, Thomas More Antwerp, Institute for Tropical Medicine, KU Leuven campus Antwerp
- Quality and safety standards: the minimum quality and safety standards laid down in the Flemish Housing Code Decree (15/07/1997) and the Room Decree (04/03/1997), applicable to all towns and municipalities in Flanders. The Antwerp Building Code and the Antwerp Police Codex also apply specifically for the city of Antwerp, more specifically section 3 on measures to prevent and fight fire in student accommodations and in self-contained living quarters for students (article 291 and further subdivisions) necessary under the chapter 6 specific regulations, as approved in the city council of 19 September 2011.
II. Quality label - info on landlord and property student accommodation
Article 3
The landlord must fill in the details regarding the property truthfully and completely. They should also follow up on these details and adjust them if necessary. They bear full responsibility for the information they provide. The administrators of the website have the right to modify or block the data if it is found to be incorrect, incomplete or not truthful.
Article 4
In case of ambiguity regarding filling the datasheet, the landlord can get help from the Kotweb administrators.
Article 5
By offering the data, the landlord consents to the property entered being inspected by the city in terms of residential quality, fire safety and urban planning in accordance with the relevant regulations. If the landlord refuses to cooperate with the property inspection, the web administrator has the right to unilaterally block the data.
Article 6
If the inspection report shows that the property meets quality and safety standards, the web manager will automatically add a green quality label to the property in the database. If the inspection report indicates that the property does not meet quality and safety standards, the web manager issue a light blue label (on request) or a red label. The property will thus be presented prominently with the quality label. Moreover, properties with this quality label can be specifically filtered in searches.
III. Model tenancy agreement for student accommodation
Article 7
If the landlord uses the Kotweb model tenancy agreement for rentals, it is automatically and prominently displayed in the database. It is possible to filter specifically for properties in searches where the owner uses this model tenancy agreement.
In this case, the landlord and tenant undertake to comply with the terms of the model tenancy agreement.
The landlord undertakes to:
- not make any additions or deletions to the model tenancy agreement as offered by Kotweb.
- use the Kotweb contract only when renting to people associated with participating educational institutions. Please note: if used for other tenants, the mediation clause expires!
- to use the Kotweb contract only when renting accommodation included in the Kotweb database.
- to cooperate with mediation attempts by the housing services of the participating educational institutions.
Divergent leases without a Kotweb logo, but with a clause attributing to Kotweb a mediating role, will not be accepted by Kotweb and may give rise to legal action.
Article 8
Starting from the moment the owner enters it in the database, the "model tenancy agreement" icon will light up in the database. This means that property and landlord are additionally recommended to potential tenants by a clearly visible label guaranteeing the quality of the model tenancy agreement. The label remains in place until the end of the current academic year.
The Kotweb administrator has the right to change the information regarding the use of a model tenancy agreement by an owner in case of unlawful use of the model tenancy agreement by the owner.
When using the model tenancy agreement, and subject to compliance with the terms and conditions stipulated therein, the landlord may at any time seek the mediation of the Kotweb team in the event of tenant disputes with the student/tenant, if the tenant is a student of one of the participating educational institutions.
Article 9
In case of misuse of the model tenancy agreement and/or after justified complaints by the student-tenant, the administrator reserves the right to remove the owner and the property in question from the database unless the facts giving rise to the complaint were formally rectified within a period of three months from the registration of the complaint. In case of a registered complaint, the Kotweb administration will inform the landlord of the complaint giving rise to the blocking of his property on the website and the possibility of rectifying it within 3 months. Are considered (non-exhaustive) abuses or justifiable failings that may give rise to complaint:
- Fees and refunds: failure to return the deposit, or late return of the deposit, overcharging of the final bill (energy costs) or charging of costs not mentioned in the contract.
- Hygiene: serious hygiene shortcomings that lie with the landlord insofar as they are contractually responsible for cleaning.
- Privacy: repeated uninvited entry into rooms, unilateral changing of locks, poor soundproofing.
- Logistics: internet problems that are not solved, repair work that is not carried out or takes a long time.
IV. Web administrator responsibility and jurisdiction over disputes
Article 10
Kotweb cannot be held liable in any way for possible errors or inaccuracies on this website, nor for any loss, inconvenience or direct or indirect damage suffered as a result of the use of incorrect information on this website. The website may provide access to websites and/or information sources maintained by third parties. Nor can Kotweb be held liable for the consequences of using the information on these websites and/or pages.
The inclusion of links to one or more other websites, including links contained in those websites, does not necessarily indicate any association, partnership, affiliation or approval.
Kotweb does not guarantee that the information is free of viruses. Use of the website is at your own risk.
Consulting or using this website in any of the different languages automatically implies full acceptance of the aforementioned disclaimer.
Article 11
In case of judicial dispute on the application of these regulations, the courts of the Antwerp district have exclusive jurisdiction.