Substitution Criteria for Business Premises in The Hague
Substitution of business premises in The Hague means that a new tenant replaces the current tenant. Discover the specific criteria, procedures at the District Court of The Hague (Prins Clauslaan 60) and rights of tenants and landlords.
In The Hague, substitution of business premises is strictly regulated. The landlord may propose a new tenant, but this requires approval from the rent tribunal or the District Court of The Hague. The rules are laid down in the Lease of Movables Act. For free legal advice, you can go to the Legal Counter The Hague (Lutherse Burgwal 10). This article discusses the criteria, procedures and local points of attention.
What does substitution in The Hague entail?
Substitution is the legal transfer of a lease agreement for business premises such as shops on the Grote Marktstraat, offices around Central Station or warehouses in the Binckhorst. This often happens in the case of business takeovers or bankruptcies. The landlord must submit an application to the rent tribunal, which tests the new tenant for suitability.
In The Hague, the District Court of The Hague (Prins Clauslaan 60) handles any disputes regarding substitution. The procedure starts with a formal request; without approval, the existing contract remains intact.
Legal basis in The Hague
The relevant laws are:
- Lease of Movables Act (Whz): Articles 7:900-7:905 regulate substitution specifically for business premises.
- Rent Tribunal Model Regulations: Contains procedures for the The Hague region.
- Decision of the District Court of The Hague: Local case law influences the application.
Landlords in The Hague must demonstrate that the new tenant meets strict substitution criteria. In case of rejection, you can object at the District Court of The Hague.
Criteria for substitution in The Hague
The rent tribunal applies these assessment criteria:
- Financial reliability: Positive BKR report and no recent bankruptcies. Essential for Hague retail properties.
- Suitability for the location: The tenant must fit the designation, e.g. retail for shops in the city centre.
- Lease affordability: Proof of income via bank statements, crucial for high Hague rental prices.
- No nuisance: No risk of noise nuisance, important in densely populated neighbourhoods such as the Schilderswijk.
- Written landlord consent: Mandatory document, verifiable at the District Court of The Hague.
Practical examples The Hague
Below are situations from Hague practice:
| Situation | Possible? | Reason |
|---|---|---|
| Shopkeeper in Zeeheldenkwartier sells business to fellow entrepreneur | Yes | Meets all criteria; rent tribunal approves |
| Bankrupt office tenant, new tenant with debts | No | Negative credit report; District Court of The Hague rejects |
| Warehouse tenant becomes private individual | No | Not suitable for business designation Binckhorst |
| Landlord refuses consent without reason | No | Written agreement required; legal advice Legal Counter |
Procedure in The Hague
1. Landlord submits request to rent tribunal.
2. Tenant has 4 weeks objection period.
3. In case of dispute: procedure at District Court of The Hague, Prins Clauslaan 60.
4. Seek advice at Legal Counter The Hague, Lutherse Burgwal 10.
Rights and obligations
Tenants retain right of prior knowledge. Landlords may not refuse arbitrarily. In case of uncertainties: contact the District Court of The Hague or the Legal Counter for local support.