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Joint Tenancy in Cohabitation or Partnership

Joint tenancy for partners: automatic rules for cohabitation, application and protection in case of breakup. Practical guide.

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Joint tenancy provides extra protection in cases of cohabitation or registered partnership. Partners automatically become joint tenants if they are registered and have been cohabiting for at least two years, provided the landlord does not refuse on reasonable grounds. This prevents homelessness in the event of a relationship breakdown. The application is processed via a change form with the landlord, including proof of shared housing costs. Legally established in Article 7:268 of the Dutch Civil Code (BW), this applies to both social and private sector rentals. In case of refusal by the landlord, an appeal is possible to the Rent Tribunal (Huurcommissie). Advantages: equal right to continuation of the tenancy after breakup and inheritance protection. Disadvantages: ongoing liability for debts. Specifically for expats or temporary relationships: consider a cohabitation agreement with a tenancy clause. When having children, partners receive priority in allocation. Document everything in writing and retain correspondence. In urgent cases, the court may grant joint tenancy interim.