A portfolio of student rooms (kots) spread across Brussels, Wallonia and Flanders falls under three different regimes: duration, deposit, the student’s notice and the end of the lease do not follow the same rules. The common point is the deposit, capped at two months’ rent. Here are the three student leases side by side, and the dates an agency must keep before the academic year starts.
Which regime applies to a kot in each region?
Each of the three regions has its own regime for student housing, but it does not apply in the same way. In Brussels, the chapter of the Brussels Housing Code on student housing leases (Articles 253 to 256) only applies if the parties consent to that regime and the tenant proves enrolment in a secondary or higher education institution. In Wallonia, the Decree of 15 March 2018 defines the student lease as the lease of a property let by or on behalf of a student in the course of their studies. A student is a person regularly enrolled in secondary or higher education. In Flanders, Title III of the Flemish Residential Lease Decree applies automatically as soon as the student does not make the kot their main residence, and its rules are mandatory. For an agency, the first question is therefore simple: in Brussels, does the lease expressly refer to the student regime? Without that agreement, the ordinary rules apply.
How do the three student leases compare?
| Brussels | Wallonia | Flanders | |
|---|---|---|---|
| Text | Brussels Housing Code, Art. 253 to 256 | Decree of 15 March 2018, Art. 78 to 82/1 | Residential Lease Decree, Title III (Art. 53 to 64) |
| Application | If the parties consent and the student proves enrolment | Lease concluded by or for a regularly enrolled student | Automatically if the kot is not the main residence; mandatory rules |
| Proof of enrolment | Within 2 months of moving in | At signature (certificate or application), proof within 6 months, extendable by 2 months | Part of the definition: being enrolled in an institution offering full-time education |
| Duration | 12 months unless shorter; over 12 months, outside the regime | 1 year unless shorter; extended by one year if the student stays without the landlord objecting | No statutory duration: that of the contract |
| Rental deposit | 2 months’ rent maximum (leases concluded or renewed since 1 November 2024); personal guarantee can be added | 2 months’ rent maximum (since 1 June 2023) | 2 months’ rent maximum, paid at the earliest 3 months before the lease starts |
| Termination by the student | At any time, 2 months’ notice; leases of 3 months or less cannot be terminated early | 2 months’ notice and 3 months’ rent compensation; no notice after 15 March, except death of a parent | Only on ending studies or death of a parent, 2 months’ notice |
| End of the lease | The landlord gives notice at least 3 months before expiry | Ends automatically at the agreed term | Ends automatically at the term; any tacit renewal clause is deemed unwritten |
Which dates must an agency keep?
Three deadlines shape the calendar of a kot portfolio. In Wallonia, the student can no longer give notice after 15 March. Article 81 of the decree provides for two months’ notice and compensation of three months’ rent. The compensation is not due in case of refused enrolment or certified abandonment of studies, of an assignment approved by the landlord, or of the death of a parent. Only death still allows notice after 15 March. In Brussels, a landlord who wants the kot back at expiry must give notice at least three months before, meaning end of May for a lease ending at the end of August. In Flanders, the lease ends automatically at the agreed term.
Before moving in, the rules also differ. In Flanders, the student can terminate the lease before it takes effect: without compensation if done more than three months before, with compensation of two months’ rent after that. In Brussels, termination before moving in remains possible up to one month before, for good reasons, against compensation of one month’s rent. For an agency, these dates translate into alerts per lease: Brussels notices in May, the Walloon 15 March window, and Flemish signatures less than three months before moving in.
What deposit should be requested?
Two months’ rent at most in all three regions. In Wallonia, Article 82/1 of the decree caps the student lease deposit at two months since 1 June 2023. In Flanders, Article 62 of the Residential Lease Decree sets the same cap, with payment at the earliest three months before the lease takes effect. In Brussels, Article 248 of the Code limits the deposit to two months’ rent for leases concluded or renewed since 1 November 2024, and states that a personal guarantee may be added for the student lease. One reservation: Article 248 sits among the rules for main-residence leases, which Article 255 only applies to a kot if it is the student’s main residence. Its express mention of the student lease nevertheless shows that the legislator also has the kot in mind. The Region’s legal brochure repeats these two months.
What does student housing supply look like in Brussels?
The first student housing monitoring by perspective.brussels, carried out in December 2025 and published in January 2026, counts 11,305 housing units specifically intended for students in the Region. More than 137,000 students were enrolled there in 2022-2023. Private commercial operators manage 52.77% of these units, or 5,966; private public-interest operators manage 42.20%, or 4,771. Compared with the roughly 37,200 students looking for housing, these units cover 30.4% of demand; compared with all enrolled students, only 8.2%. These figures only count housing intended for students, not all the flats they rent on the market. For an agency, they confirm demand that structurally exceeds dedicated supply. In Brussels, properties intended for students can obtain a specific label (Article 254 of the Code). In Wallonia, Article 78 of the decree allows the Government to create a quality student housing label.
What checklist for the summer turnover?
- Check the regime of each lease: parties’ agreement to the student regime in Brussels, main residence or not in Flanders.
- Collect proof of enrolment on time: 2 months in Brussels, 6 months in Wallonia.
- Cap the deposit at two months’ rent everywhere.
- Plan Brussels notices three months before expiry.
- Chain check-out and check-in inventories on kots that change occupant.
Free lease templates raise their own problems, detailed in our article on free lease templates. The value of a digital inventory is covered in the article on the digital inventory. For applicant selection, see the article on documents allowed by region.
How does Seido help track these deadlines?
Managing several properties? Seido tracks indexations and deadlines for each lease, for all three regions. You approve, and nothing slips through the cracks when the whole portfolio turns over at once. See how Seido tracks deadlines under the Belgian framework.
Frequently asked questions
Can a student leave their kot in April in Wallonia?
In principle, no. Article 81 of the Walloon decree forbids the student from giving notice after 15 March. The only exception is the death of a parent or of the person who provides for them, on proof. Before 15 March, they can terminate at any time with two months’ notice and compensation of three months’ rent, except in case of refused enrolment, certified abandonment of studies or an assignment accepted by the landlord.
Does the student regime apply automatically in Brussels?
No. Article 253 of the Brussels Housing Code requires the parties to consent to the application of this regime and the tenant to prove enrolment in an educational institution. If the lease does not provide for it, the general rules apply. Conversely, in Flanders, Title III of the Residential Lease Decree applies automatically as soon as the kot is not the student’s main residence.
Is a Flemish kot lease renewed tacitly?
No. Article 63 of the Residential Lease Decree provides that the lease ends when the agreed term expires, and deems unwritten any clause providing for tacit renewal without notice. An agency that wants to keep the student the following year must therefore conclude a new lease. The duration itself is not set by the decree: it is that of the contract.
What deposit applies to a kot let to a student in Brussels?
Two months’ rent at most, under Article 248 of the Brussels Housing Code, for leases concluded or renewed since 1 November 2024. The same article allows a personal guarantee to be combined with the deposit for the student lease. The Region’s legal brochure confirms these two months. For a kot that is not the student’s main residence, application rests on this express mention of the student lease.
Sources and references
- Brussels Housing Code, Articles 248 and 253 to 256, consolidated text, Justel
- Brochure juridique « bail d’habitation » (legal brochure on residential leases), Brussels-Capital Region, January 2025
- Walloon Decree of 15 March 2018 on residential leases, Articles 2, 78 to 82/1, Justel
- Flemish Residential Lease Decree of 9 November 2018, Title III, Articles 53 to 64, Codex Vlaanderen
- Monitoring du logement étudiant en Région de Bruxelles-Capitale (student housing monitoring), no. 1, perspective.brussels, January 2026
Last updated: August 2026. This article is provided for information purposes only and does not constitute legal advice. For any specific situation, consult a real estate law professional.