Substitution Criteria for Commercial Space in Westland
Substitution of commercial space in Westland: a new tenant takes the place of the current one. Discover the local conditions, procedures via District Court of The Hague and support at Juridisch Loket Westland.
In Westland, known for its greenhouse horticulture and dynamic business environment, substitution is a commonly used means for transferring commercial spaces such as greenhouses, halls or offices. The lessor may propose a new tenant, but this must meet strict criteria from the Lease of Movables Act. The District Court of The Hague, as the court of appeal for Westland, handles disputes. The Juridisch Loket Westland provides free advice to tenants and lessors.
What does substitution in Westland entail?
Substitution concerns the replacement of a tenant in commercial spaces, frequent in business takeovers in the horticulture sector. The lessor submits an application to the Rent Tribunal. Upon approval, the new tenant takes over the contract, including ongoing obligations.
In Westland, the procedure must align with local reality: new tenants must often demonstrate that they fit agricultural or logistical activities. Without Rent Tribunal approval, the current tenant remains protected.
Statutory basis specific to Westland
Relevant laws:
- Lease of Movables Act (Whz): Articles 7:900-7:905 regulate substitution for Westland commercial spaces.
- Commercial Space Substitution Act: Establishes criteria, assessed by District Court of The Hague.
- Substitution Decree: Contains Westland-specific conditions for horticultural spaces.
Lessors in Westland have substitution rights in case of non-payment or non-use, provided approved. Contact Juridisch Loket Westland for guidance.
Criteria for substitution in Westland
The Rent Tribunal checks:
- Reliability: Positive credit report, no bankruptcies – crucial for Westland investors.
- Suitability: Demonstrable experience in horticulture or logistics for greenhouse spaces.
- Financial capacity: Proof via bank statement; high rental prices in Westland require a solid basis.
- No nuisance: No risk of noise nuisance in densely populated areas around 's-Gravenzande.
- Lessor consent: Written approval required.
Practical examples Westland
Examples from the region:
| Situation | Possible? | Reason |
|---|---|---|
| Horticulturist sells greenhouse to experienced grower | Yes | Meets all criteria; District Court of The Hague approves |
| Bankrupt shop, new private tenant | No | No business suitability |
| Logistics hall, new party with capacity | Yes | Financially and suitable; Juridisch Loket Westland advised |
Procedure at District Court of The Hague for Westland
1. Lessor submits request to Rent Tribunal.
2. Tribunal assesses criteria (4-6 weeks).
3. In case of objection: procedure at District Court of The Hague.
4. Tenant gets time for defense; Juridisch Loket Westland helps free of charge.
Specific to Westland: for greenhouse horticulture spaces, additional requirements apply regarding sustainability and environmental permits.