Commercial lease: the Brussels loan

What is it about?

The commercial rent loan allows companies that are having difficulty paying their rent to benefit from additional liquidity, enabling them to maintain their activities as effectively as possible. This loan covers the monthly instalments for the first half of 2021, as well as any instalments outstanding since April 2020! The commercial rent loan is for a maximum of four months' rent per property, including service charges. The interest rate applied will be 2% per annum.

What is the maximum amount?

The loan granted to your business may not exceed the authorised limit. This limit is a maximum of €35,000 for commercial loans for all leased commercial property. The application must be submitted before 30 June 2021, with a final payment due on 31 December 2021.

List of eligibility conditions for the Brussels loan

  • The commercial property is located in the Brussels Region,
  • The tenant's customers or prospective customers have access to the rented premises,
  • The tenant is not in a state of bankruptcy, liquidation or cessation of activities,
  • The address of the rented building is listed as an establishment unit on the Crossroads Bank for Enterprises website,
  • The landlord agrees to waive in full 1, 2, 3 or 4 rents (including charges).
  • The lease predates 19 March 2020 and is still in force.
  • There were no rent arrears prior to 18 March 2020.
    • If your situation does not meet all these requirements, you do not qualify for the Brussels loan. We recommend that you contact the CEd to review your situation and your options.
    • If your situation meets all its requirements, you are eligible for the loan! Register your application and follow the steps here.

Brussels loan application form

Are you a tenant who meets the various eligibility conditions and would like to obtain a loan to cover the payment of your commercial rents? To do so, you need the agreement of your landlord. You haven't got it yet? Thanks to the support of the Brussels-Capital Region, you can benefit from the assistance of a mediator to help you negotiate, free of charge.

How does it work?

Fill in this questionnaire Your request will be sent to bMediation, the Mediation Centre. A mediator will look into the case and contact the landlord. If the landlord agrees to the proposed meeting, it will last a maximum of 2 hours. Negotiations will take place virtually (Teams or Zoom), unless the elements of the case indicate a greater chance of success if the meeting takes place face-to-face (at the mediator's discretion) and in strict compliance with the ‘covid’ measures.

  • Either the parties reach an agreement, sign the loan application together and submit it to the Brussels Region; or
  • Or they do not reach an agreement, and the mediator's involvement ends there.

Who are the mediators?

The mediators are all members and accredited by bMediation. You are therefore guaranteed a professional and efficient approach to your case. The mediator will spend a maximum of 3 hours on the case.

Get in touch with a mediator

Please note: this service does not apply to tenancy disputes that predate the covid crisis and requires that there were no arrears of rent or service charges before March 2020. If this is the case, mediation is still possible, but you will not be able to benefit from the loan system set up by the Brussels authorities.

Do you have a VAT number and problems with your landlord or tenant? 

AND you don't qualify for a commercial lease?

Were you in rent arrears BEFORE the crisis?

You are not eligible for the loan set up by the Brussels Region.

In the event of legal action, the landlord has a better chance of having the contract terminated to the detriment of the tenant. The landlord may be able to obtain eviction and compensation for breach of contract, but will probably have to put up with a vacancy. Furthermore, if the tenant is deprived of premises and professional income, it will be difficult or impossible for him to pay the sums ordered by the courts.

Eviction could result in the tenant being placed under judicial reorganisation proceedings, or even bankruptcy.

Has your business been prohibited from opening? You can download the letter to send to the other party ​ here .

Please contact:

      • We recommend that you contact the ​ CEd.

Have you been in rent arrears DURING the crisis?

And there is no agreement between the parties as to what will happen to these rents ?w

Have you applied for existing aid already?

Here you will find an overview of current forms of assistance, with useful links for tax assistance , social assistance,  or financial aid .

Please contact:

      • We recommend that you contact the ​ CEd

What have the judges decided so far?

A number of landlords and tenants have already gone to court to settle the issue of rent payments during ‘covid’ periods. The various Justices of Peace have handed down quite different rulings: sometimes it was decided that the rent was no longer due, sometimes that the rent should be reduced or spread over time, or even that it was indeed due.

The problem with courts and tribunals is that it usually takes several months for a decision to be made. The situation between the parties often deteriorates in the meantime. The debates are mainly of a legal nature, which makes it necessary (or at least useful) to have access to an expensive lawyer.

Recourse to legal proceedings is therefore characterised by being:

      • time-consuming,
      • expensive,
      • highly unpredictable (the final decision is impossible to anticipate).

When possible, an alternative should be considered.

Please contact:

      • Has communication between landlord and tenant fallen apart? Call on the services of a mediator.

Mediation contact form

Submit

You are in rent arrears AFTER the crisis

Have the ‘covid’ periods fundamentally altered your professional situation? Do you need to rebalance your contractual relationship? Here are the steps to check:

1. Reread your lease contract to check whether the parties to the contract envisage a situation of unforeseeability;

2. Contact the other party to inform them of the difficulty encountered

3. If no result is obtained, resort to: