Objection and appeal in substitution

In the case of substitution of business premises, the tenant may lodge an objection against the landlord's proposal. According to Article 7:272 of the Dutch Civil Code (BW), this must be done within six weeks after receipt of the request, preferably substantiated with arguments such as the financial stability of the current tenant or disproportionate burden. The Huurcommissie reviews the objection during a hearing and weighs the interests. If the request is rejected, the landlord cannot proceed with substitution. If approved by the commission, an appeal lies to the district court (kantonrechter) within four weeks. The appeal concerns procedural errors or incorrect application of criteria. Courts may annul the decision and order a new assessment. Case examples show that successful objections often rely on proof of a long-term tenancy relationship or investments in the premises. Legal assistance is crucial to meet deadlines and formulate arguments sharply. This mechanism prevents abuse of power and promotes balance between parties. (202 words)