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Read your contract.
Always the same response.
The answer is in your contract.
There will be a paragraph regarding works. The fact you've posted here show you've not yet read it.

I am not talking about new repairs. I am talking about a repair that is consistent since the day we moved in....

CV1962 wrote:

I am not talking about new repairs. I am talking about a repair that is consistent since the day we moved in....

That should not matter, past or present problems. If major work needs to be done, will you be rehoused while work is carried out?

Just to clarify things, your profile says that you are living in both, Germany & Austria and wish to live in Brussels, Belgium. Can you change your profile with the correct information, please?

Have you read your contract?
The conditions for repair works, yep months long repair works, is a standard clause in a Belgian contract.
What does your contract say?

The contract states that costs of minor repairs are to be borne by the tennant. However this is not a minor repair and the costs are borne by the landlord. My question is, what rights do we have to be rehoused whilst the leakage in the walls are repaired and if not rehoused, are we allowed to reduce the rent. We will have limited access ( if at all) to our bathroom, the bedroom will be covered up in plastic foil and the toilet wall will also be dug up. This is not acceptable with a baby of 7 weeks....

What does the rest of the contract say?

This is the standard paragraph regarding major repairs for Brussels region. 40 days. No reduction in rent. No rehhousing.


Copy and paste the paragraph 9 of your contract.



9.  ENTRETIEN ET REPARATIONS

Le Bailleur prendra à sa charge les grosses réparations à effectuer au bien loué, comprenant, entre autres, les réparations à la toiture et au gros oeuvre, la peinture et menuiserie extérieures, ainsi que le coût d'achat, d'installation et de remplacement des détecteurs de fumée requis. Si l'exécution de grosses réparations s'impose, le Preneur devra en aviser le Bailleur sur-le-champ. Il devra souffrir ces travaux sans indemnité, quoique leur durée puisse dépasser quarante jours.

Not much more. As the building is brand New, this leakage is not good news. The landlord is very good about sending workers over immediately however the problem has never actually been solved. Soon after replastering, the walls are wet again. The landlord has hired a lawyer to deal with the construction company but this is no help to us with the tiny baby.... as the walls in 4 different rooms need to be hammered open everytime, the whole apartment is covered in dust (even though the workers cover everything up)...
Surely something can be done about this...???

Have you spoken to the Landlord about this? If he has hired a lawyer to deal with the construction company then maybe he can claim off the firm?

I suggest that you talk to your landlord. It's clearly not your fault nor his but the firm that built the apartment.

Do you have the standard contract with paragraph 9?
If yes, you have to put up with 40 days of works.

Yes, the landlord knows about this problem and  as this started the week we moved it we did not need to pay the first rent as drying machines where all over the apartment. As the whole building was brand new it was assumed that the plastering was still damp. However a few months later, the walls were wet again the the landlord upon being informed immediately informed the construction company who sent their builders over who hammered up the walls and replastered. A few months later same story. This time however, the builders covered everything up in plastic foil and ripped open the walls. Did some work, replastered, put up drying machines and left. Now everything is wet again and the landlord said they are legally taking thus up with the construction firm no help to us as we are stuck in the middle of it all... procedure will be the same; builder will come, cover everything up, rip open the walls, plaster everything up and go... we have all the dust in the air which baby will inhale nicely... ☹

40 days of works wouldn't be that bad if
1) I know when they will commence -so I can move at least the baby out
2) it solves the problem!!!!

You still haven't answered the question however, do you have a standard contract (that's a Brussels example) with the paragraph 9, or do you have it crossed out?

If you have the standard contract, your answer is you get no compensation for the first 40 days.

Unfortunately paragraph 9 is not crossed out. I am hoping the land Lord will rehouse us on account of this problem having started before we moved in. And of course because of the little one...

Why would the landlord rehouse you when you admit it's not his problem and it's in the contract you signed that you agreed works can be for 40 consecutive days?

Hand in your notice and move is your best bet and see if the landlord is willing to waive some of the penalty.