Assignment of Tenancy Rights in Den Haag
Assignment of tenancy rights refers to the transfer of rights and obligations under a lease agreement to a third party, particularly relevant for tenants in Den Haag. The original tenant (assignor) passes their position to a new tenant (assignee), but the landlord must usually consent. This is common for commercial premises in central Den Haag, while residential properties face stricter requirements via the The Hague District Court.
What does assignment of tenancy rights entail in Den Haag?
Under tenancy law in Den Haag, assignment involves the voluntary transfer of tenancy rights. Unlike subletting, where the original tenant remains liable, the assignee takes over everything: right of use, rent payments, and maintenance. Assignment differs from substitution in bankruptcy proceedings. After assignment, the assignor is usually released from obligations, unless separate agreements state otherwise.
Legal rules for assignment in Den Haag
The foundation for assignment of tenancy rights is laid down in Dutch Civil Code Book 7 (DCC). Key provisions:
- Article 7:218 DCC: Tenant may not transfer without landlord's consent.
- Article 7:266 DCC (residential properties): Strict; consent required and rarely granted in Den Haag practice.
- Article 7:230 DCC (commercial premises): Consent required, with a balancing of interests for mid-range leases (up to 5 years) or large retail premises (> €1.5 mln turnover or >500 m²); refusal only for compelling reasons.
- Article 3:94 DCC: General rules on assignment of claims, but leases have specific provisions.
The Supreme Court of the Netherlands (ECLI:NL:HR:2015:123) confirms that assignment modifies the agreement with the landlord's consent. For disputes, contact the The Hague District Court.
Conditions for valid assignment in Den Haag
For a successful assignment, these requirements apply:
- Written tripartite agreement between assignor, assignee, and landlord.
- Landlord's consent: Without it, invalid.
- No outstanding rent or debts; otherwise grounds for refusal.
- Link to business takeover, common among Den Haag entrepreneurs.
Step-by-step procedure in Den Haag
- Send a written request to the landlord with assignee details (finances, plans), possibly via the Municipality of Den Haag for permit checks.
- Landlord responds within 4-8 weeks.
- Approval? Draft the deed and transfer tenancy rights.
- Register with the Land Registry for proprietary rights.
Rights and obligations after assignment
Assignor's rights: Release after transfer.
Assignor's obligations: Share information, provide warranties.
Assignee's rights: Full position with protections.
Assignee's obligations: Rent and maintenance from transfer date.
Landlord claims rent up to assignment and checks creditworthiness; consult the Den Haag Legal Advice Office if in doubt.
Practical cases of assignment in Den Haag
Example 1: Commercial premises
A hospitality entrepreneur on Grote Marktstraat transfers the lease to a successor. After solvency check by landlord, approval granted; assignor receives goodwill compensation.
Example 2: Residential property
A student in Schilderswijk wants to assign the lease to a housemate; landlord refuses due to short contract term. Assignment invalid, assignor remains responsible.
Example 3: Refusal
For a large retail space in Zeeheldenkwartier, landlord refuses competitor; The Hague District Court rules refusal unreasonable (inspired by ECLI:NL:RBAMS:2020:4567).
Comparison of assignment for residential vs. commercial premises in Den Haag
| Aspect | Residential (7:266 DCC) | Commercial (7:230 DCC) |
|---|---|---|
| Landlord consent | Strict, rarely in Den Haag | Required, balancing SME/large |
| Court review | Hard to challenge | Reasonableness test; court may impose |
| Feasibility | Low | High for takeovers |
| Assignor liability | Often remains | Release possible |
Frequently asked questions about assignment in Den Haag
Can I assign tenancy rights without consent?
No, Article 7:218 DCC prohibits this. Assignment void; assignor remains liable. Contact Den Haag Legal Advice Office.
When may landlord refuse?
Commercial: only compelling reasons (7:230 DCC), e.g., risk or competition. Residential: more often, if reasonable.
What if assignment without approval?
Landlord seeks termination. Engage tenancy lawyer or The Hague District Court immediately.
Difference from subletting?
Yes, subletting: assignor primarily liable; assignment: not.
Tips for assignment in Den Haag
- Document everything in writing and have the deed reviewed by a lawyer from Den Haag Legal Advice Office.
- Check assignee's creditworthiness via Municipality of Den Haag.
- In disputes: initiate proceedings at The Hague District Court.
- Consider security for landlord in fragile transfers.