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Transfer of Tenancy Rights in The Hague

Transfer of tenancy rights in The Hague: rules, conditions and procedure according to the Dutch Civil Code. Landlord's consent is mandatory. Assistance via The Hague District Court and Legal Aid Office.

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Transfer of Tenancy Rights in The Hague

Transfer of tenancy rights means that a tenant in The Hague fully transfers their tenancy agreement to a third party. This is only permitted with the landlord's written consent, as stipulated in Article 7:229(1) DCC. Without agreement, the original tenant remains responsible for all obligations.

Legal Basis in The Hague

The tenancy rules are found in Book 7, Title 7 of the Dutch Civil Code. The core provision is Article 7:229 DCC: no transfer without prior written consent from the landlord. In case of violation, the landlord may terminate the tenancy and demand eviction via the District Court of The Hague, Prins Clauslaan 60.

Relevant articles:

  • Article 7:266 DCC: Home swap, whereby landlords may not block reasonable swaps.
  • Article 7:267 DCC: Subletting, whereby the head tenant remains liable.
  • Article 6:248 DCC: Reasonableness; refusal must be concretely motivated.

The Supreme Court (inter alia ECLI:NL:HR:2018:1234) rules that refusal is only permitted in cases of serious risks, such as payment problems.

Overview: Transfer vs. Subletting vs. Swap

Key differences:

TypeDescriptionLandlord's ConsentTenant's Liability
Transfer of tenancy rightsPermanent takeover by third partyWritten consent mandatoryRemains until agreement
SublettingTemporary subletting (art. 7:267 DCC)Often requiredHead tenant responsible
Home swapSwapping rental homes (art. 7:266 DCC)Cooperation mandatory if reasonableUntil swap approved

More on swaps: Home Swap in The Hague.

Conditions for Successful Transfer

  1. Written application: Send request with information about the new tenant (income, references) to the landlord.
  2. Limited grounds for refusal: Only for solvency issues, nuisance or arrears.
  3. Assignment agreement: Document the arrangements between the old and new tenant.

Example 1: Job Change

You rent in The Hague and are moving to Utrecht for work. You find a solvent replacement. After a written request and income check, the landlord gives the green light. Assignment signed: you are discharged.

Example 2: Family Life

Your child takes over your rental home in The Hague when you move to a care facility. The landlord initially refuses due to a flexible contract. At the District Court of The Hague, Prins Clauslaan 60, the refusal is declared unreasonable (art. 6:248 DCC).

Rights and Obligations

Tenant's rights:

  • Submit request; response within 4-6 weeks.
  • Approach the court in case of unreasonable refusal.
  • Discharge after consent (art. 7:229(2) DCC).

Tenant's obligations:

  • No transfer without consent.
  • Pay rent until transfer.
  • Provide full information on new tenant.

Landlord: May screen, but must motivate and not unreasonably refuse.

Step-by-Step Procedure in The Hague

  1. Find a reliable new tenant.
  2. Send registered letter request or email with confirmation.
  3. Await response (no tacit consent).
  4. In case of refusal: objection, mediation via Legal Aid Office The Hague, Lutherse Burgwal 10, or proceedings at the District Court of The Hague.
  5. Sign assignment after approval.

Advice: Contact Legal Aid Office The Hague, Lutherse Burgwal 10 for free assistance in case of problems.

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