Conditions for Housing Exchange with a Corporation in Den Haag
Housing exchange with a corporation allows tenants in Den Haag to swap homes without terminating their lease. This article outlines the conditions for exchanging social rental housing managed by corporations in the region, focusing on legal rules, everyday requirements, and potential challenges. It builds on our overview of Housing Exchange - Procedure and Conditions, with a focus on the Den Haag context.
What is Housing Exchange with Corporations in Den Haag?
Housing Exchange with Corporations in Den Haag describes the process where two tenants of social rental housing, managed by local corporations, swap their homes. This is useful for residents of Den Haag seeking a better-suited property, such as more space for a growing family or less for a single person. Unlike a standard move, the lease agreement remains intact and transfers to the exchange partner. In Den Haag, corporations support this through platforms like WoningNet, but they impose strict requirements to protect the social housing market and prevent misuse.
The exchange can only proceed with mutual agreement and approval from the corporation(s). This is governed by Dutch tenancy law and the Housing Act, aimed at ensuring fair allocation of limited social housing. For example, a tenant in a two-bedroom apartment with Vestia in the Schilderswijk whose family is expanding might find a match with someone in a three-bedroom unit with Haag Wonen in the Binckhorst who wants to downsize. After reviewing the rules, the exchange can go ahead if both corporations agree.
Legal Basis in Den Haag
The conditions for housing exchange with corporations in Den Haag are based on Book 7 of the Dutch Civil Code (BW), particularly Article 7:220 BW, which allows changes to rental contracts, such as exchanges, only with the landlord's approval. For social housing, the Housing Act (Article 35 et seq.) also applies, requiring corporations to prioritize vulnerable groups in the city.
Corporations in Den Haag often follow their own rental terms, inspired by the Aedes model. Relevant laws include:
- Article 7:266 BW: Transfer of tenancy rights, including in exchanges.
- Article 7:271 BW: Protection for landlords against unsolicited changes.
- Housing Regulation of the Municipality of Den Haag: Sets standards for suitable rentals, such as an income limit of €44,035 for single individuals in 2023.
Daily Requirements for Housing Exchange in Den Haag
For a successful exchange in Den Haag, tenants must meet various criteria. These vary by corporation, but general conditions apply:
- Tenant Status: Both parties must be current tenants with a Den Haag corporation and have lived in their home for at least one year, to discourage speculative behavior.
- No Arrears: Outstanding rent or costs are not allowed; corporations verify this in their systems.
- Housing Suitability: The new home must match your household and budget. For instance, a single person with a low income cannot move to a large corporation apartment in an expensive neighborhood.
- Corporation Approval: If involving different corporations, both must agree, which in Den Haag can take weeks due to workload at the Den Haag District Court.
- Property Inspection: The apartment must be in acceptable condition; serious issues can block the exchange.
| Corporation | Minimum Tenancy Duration | Income Limit for Exchange | Platform |
|---|---|---|---|
| Vestia (Den Haag) | 1 year | €44,035 (2023) | WoningNet |
| Haag Wonen (Den Haag) | 1 year | Suitability standard | WoningNet |
| Staedion (Den Haag) | 6 months | €47,699 (family) | WoningNet |
Rights and Obligations for Tenants in Den Haag
In Den Haag, as a tenant, you have the right to housing exchange if you meet the requirements; corporations cannot refuse unreasonably (Article 7:220(2) BW). If a refusal seems unfair, you can complain to the Rental Committee or the Den Haag District Court. Obligations include:
- Providing accurate information about income and household.
- Leaving the property clean and habitable.
- Avoiding misuse, such as exchanging for profit (which can be penalized under the Housing Act).
Frequently Asked Questions
Can I exchange if I have a temporary contract?
No, housing exchange is typically only possible with a permanent lease agreement.