Subletting Ban in The Hague: What is Allowed and What is Not?
A subletting ban is a clause in the tenancy agreement that prohibits the main tenant from subletting the dwelling (in whole or in part) to third parties. This ensures that the main tenant resides in the dwelling themselves and does not act as a landlord. In The Hague, where the rental market is tight, this is particularly relevant. This article discusses what a subletting ban entails, when it applies, and the consequences of violation, with local context.
What is a subletting ban?
A subletting ban prohibits the main tenant from subletting the dwelling or parts thereof, such as a room to a student or the entire dwelling via Airbnb. The purpose: to use the dwelling as private living space, not as a profit-making model. In The Hague, this is common in housing association properties in neighborhoods such as Schilderswijk or Transvaal.
Sometimes it is stated explicitly in the agreement, e.g.:
'The tenant prohibits themselves from subletting the dwelling in whole or in part to a third party.'Otherwise, it is implicit in tenancies for the tenant's own use.
Legal basis
No specific law, but based on:
- Tenancy Act 1995: Regulates tenancy rights; dwelling for tenant's own use, subletting excluded without permission.
- Art. 7:206 CC: Use must conform to the purpose of the tenancy.
- Art. 7:207 CC: No subletting without the landlord's consent – core of the ban.
In The Hague, Rechtbank Den Haag (Prins Clauslaan 60) applies these rules in tenancy disputes.
When does it apply in The Hague?
Always with an explicit clause. Implicitly in cases of own use, especially in social housing (e.g., Hague housing associations) or private landlords.
Explicit ban
Clause such as:
'No subletting without permission.'Valid without further approval.
Implicit ban
In social housing or private tenancies for own occupation. In The Hague, strictly enforced against illegal subletting in busy neighborhoods.
Consequences of violation
The landlord may:
- Dissolution of the tenancy agreement: Via Rechtbank Den Haag (Prins Clauslaan 60) if the tenant breaches obligations.
- Termination of the tenancy: Possible by court order.
- Damages: For loss of income.
- Penalties: If stipulated in the clause.
For advice: Juridisch Loket Den Haag, Lutherse Burgwal 10.
Exceptions
With the landlord's written permission, short-term subletting is allowed (e.g., holiday). In The Hague, sometimes approved for temporary absence.
Practice in The Hague
Due to housing shortage, strictly monitored. Report suspected subletting to the housing association or Huurteam Den Haag. Rechtbank Den Haag handles many cases; precedent: dissolution for Airbnb use.
Conclusion
The subletting ban protects the rental market. Check your contract and seek help from Juridisch Loket Den Haag (Lutherse Burgwal 10) or a lawyer. Local rules make compliance crucial.