The Constitutional Court was asked a question by the justice of the peace of Ixelles, by a judgment of 21 October 2021, on the existence of discrimination in Article 237 of the Brussels Housing Code.
The question was worded as follows:
"Does Article 237 of the Brussels Housing Code (Ordinance of the Brussels-Capital Region of 17 July 2003 establishing the Brussels Housing Code) infringe Articles 10, 11 and 23 of the Constitution, in so far as that provision does not allow landlords that are legal entities to give notice for personal occupation to a tenant of a dwelling (principal residence), whereas this option of giving notice is thus available to landlords that are natural persons?"
The Court recalls the background of the provision (which is a literal reproduction of Article 3, §§ 2 to 4, of the Act of 20 February 1991) and the case law of the Court of Cassation (Cass., 17 September 1993, Pas., 1993, no. 355). It concludes its examination with the finding that it is indeed possible for a legal entity — in this case a funeral company — to terminate the lease in order to personally occupy the property, subject to six months' notice.
It holds that the preliminary question does not call for an answer, since it is based on a manifestly erroneous reading of the provision at issue.
Do not hesitate to send your questions or comments to Laurent Delmotte ld@resolved.law or to Bart Van Hyfte bv@resolved.law
