Assignment of Lease Rights in Westland
Assignment of lease rights means that as a tenant in Westland, you transfer your rights and obligations under a lease agreement to someone else. The original tenant (assignor) passes their position on to a new tenant (assignee), but the landlord must usually give consent. This is common for commercial properties in Westland's greenhouse horticulture area, although stricter conditions apply to residential premises.
What does assignment of lease rights mean in Westland?
Under lease law in Westland, assignment involves the voluntary takeover of the entire lease position. Unlike subletting, where the original tenant remains liable, the assignee fully steps into the tenant's shoes. This includes the right of use, rent payments, and maintenance. Assignment differs from substitution, which typically occurs in bankruptcy cases. After assignment, the assignor is usually released from obligations, unless separate agreements state otherwise.
Legal rules for assignment in Westland
The foundation for assignment of lease rights is found in Book 7 of the Dutch Civil Code (DCC). Relevant articles:
- Article 7:218 DCC: Tenant may not transfer without landlord's consent.
- Article 7:266 DCC (residential premises): Strict prohibition; consent required and rarely granted without good reason.
- Article 7:230 DCC (commercial premises): Consent required, with a balancing of interests for leases up to 5 years or large retail spaces (> €1.5 mln turnover or >500 m²); refusal only for compelling reasons.
- Article 3:94 DCC: General rules for assignment of claims, but leases have specific provisions.
The Supreme Court has ruled in cases such as ECLI:NL:HR:2015:123 that assignment alters the agreement, provided the landlord consents. The District Court of Westland frequently handles such matters in local lease disputes.
Conditions for valid assignment in Westland
For successful assignment in Westland:
- Written agreement involving assignor, assignee, and landlord.
- Landlord's approval: Invalid without it.
- No outstanding payments; landlord may refuse if rent is in arrears.
- Transfer of business assets: Often required when taking over a Westland horticultural business.
Step-by-step procedure
- Send the landlord a letter with the assignment request, including details of the assignee (finances, plans for e.g. a greenhouse in 's-Gravenzande).
- Landlord responds within 4-8 weeks.
- Approval granted? Prepare a tripartite deed and transfer the lease rights.
- Register with the Land Registry for commercial properties in the Municipality of Westland.
Rights and obligations after assignment
Assignor rights: Released from lease obligations after transfer.
Assignor obligations: Provide information and any guarantees.
Assignee rights: Full position with protections.
Assignee obligations: Rent and maintenance from the date onward.
Landlord can claim rent up to assignment and checks creditworthiness; consult Juridisch Loket Westland if in doubt.
Examples of assignment in Westland
Example 1: Commercial premises
A grower in Monster transfers the lease of their greenhouse to a successor. Landlord approves after solvency check; assignor receives compensation for goodwill.
Example 2: Residential premises
Tenant in Naaldwijk wants to transfer lease to family member; landlord refuses due to short-term contract. Assignment invalid; assignor remains responsible.
Example 3: Refusal
Large retail space in Honselersdijk: Landlord blocks assignment to competitor; District Court of Westland deems refusal unjustified (inspired by ECLI:NL:RBAMS:2020:4567).
Comparison: assignment of residential vs. commercial premises in Westland
| Aspect | Residential (7:266 DCC) | Commercial (7:230 DCC) |
|---|---|---|
| Landlord's consent | Strict, rarely granted | Required, with balancing for local SMEs |
| Judicial review | Little chance of success | Reasonable interest; District Court Westland may order |
| Feasibility | Low | High for horticulture takeovers |
| Assignor's liability | Often remains | Discharge possible |
Frequently asked questions about assignment in Westland
Can I assign lease rights in Westland without consent?
No, Article 7:218 DCC prohibits this. Assignment is void; assignor remains liable. Contact Juridisch Loket Westland.
When may the landlord refuse?
For commercial premises, only for compelling reasons (7:230 DCC), such as risk or competition. Stricter for residential.
What if assignment without approval?
Landlord may terminate. Seek immediate help from District Court Westland or a lawyer.
Assignment vs. subletting?
Yes, subletting: assignor primarily responsible; assignment: full transfer.
Tips for Westland
- Document everything in writing and have the deed reviewed by a lawyer from Juridisch Loket Westland.
- Check local rules via the Municipality of Westland for horticultural or retail properties.
- In disputes, involve the District Court of Westland for swift resolution.