Applying for Co-Tenancy in Westland - Rights and Step-by-Step Guide
Co-tenancy means that you are officially registered as a tenant of a property together with someone else. This provides extra security, for example in the event of the end of a relationship or the death of the main tenant.
What Does Co-Tenancy Mean?
A co-tenant shares the same rights and obligations as the main tenant:
- Full protection against eviction
- Right to remain in the property after the main tenant leaves or dies
- Joint and several liability for rent payments
- An own tenancy agreement upon departure of the other tenant
Difference Between Co-Tenant and Co-Resident
| Characteristic | Co-Tenant | Co-Resident |
|---|---|---|
| Status | Recognised tenant | Resident only, no tenant |
| Tenancy protection | Full | Minimal |
| Upon main tenant's departure | May remain | Must usually leave* |
| Responsible for rent | Yes, fully | No |
*Exception for certain groups after long-term cohabitation.
Statutory Co-Tenancy
Certain persons become automatically co-tenants (Article 7:266 DCC):
- Spouse: Immediately co-tenant upon marriage
- Registered partner: Immediately co-tenant upon registration
This also applies without mention in the tenancy agreement.
Contractual Co-Tenancy
For others, an application to the landlord is required:
- Cohabiting partner (not married)
- Family members
- Housemates with a long-term, shared household
Step-by-Step Guide for Application
- Written application: Submit to the landlord, signed by both parties
- Required information: Identity, reason, proof of cohabitation
- Await response: Landlord must respond within a reasonable period
- In case of refusal: Proceed to the district court within 8 weeks
Criteria for Approval
The district court considers:
- Whether there is a long-term shared household
- Minimum 2 years cohabitation with the main tenant
- Sufficient financial capacity to afford the rent
- No other objections, such as nuisance
Reasons for Refusal by Landlord
A landlord may refuse if:
- The property would become overcrowded
- The candidate has a history of payment problems
- There is no durable cohabitation
- For social housing: income is too high
Rights in Case of Divorce or Death
Upon termination of the relationship:
Both Co-Tenants
- Both may in principle remain living there
- In case of disagreement, the court decides who gets the property
- Relevant factors: children, ties to the property, finances
Upon Death
- The co-tenant can continue the tenancy agreement without issues
- No new application required
- The landlord cannot terminate the tenancy
Co-Tenancy for Social Housing in Westland
Housing associations in Westland may have additional conditions:
- Income check for both tenants
- Mandatory registration with the association
- Possible adjustment to property size (appropriate housing)
Practical Questions
Can my adult child become a co-tenant?
Yes, if there is a durable household and minimum 2 years cohabitation. This is assessed by the landlord or court.
What if the landlord does not respond?
Send a reminder with a clear deadline. If no response, you can involve the district court.
Can I become a co-tenant of an elderly family member?
This is difficult if you do not actually live in the property. Caregiving alone is not grounds for co-tenancy.
Co-tenancy provides a solid basis for housing security. Submit your application in time, especially in changing circumstances. For legal advice in Westland, contact the Juridisch Loket Westland or submit matters to the District Court of The Hague.