Subletting Ban in Westland: What is Allowed and What is Not?

Subletting Ban in Westland: What is Allowed and What is Not?

A subletting ban is a clause in the lease agreement that prohibits the head tenant in Westland from subletting the dwelling (in whole or in part) to third parties. This ensures that the head tenant resides in the dwelling themselves and does not act as an intermediary lessor. In Westland, under the jurisdiction of the District Court of The Hague, we explain what this ban entails, when it applies and what the consequences are for violation. For questions, contact Juridisch Loket Westland.

What does a subletting ban entail?

A subletting ban prohibits the head tenant in Westland from subletting the dwelling or rooms thereof, such as to students or via Airbnb. The purpose is that the tenant uses the dwelling as their own living space, not as a profit-making model. In Westland, this is common in social housing and private rentals.

Sometimes the ban is not explicitly stated in the agreement, but arises from the leasing intention, for example:

'The tenant may not sublet the dwelling in whole or in part to third parties.'

Legal basis in Westland

The subletting ban falls under general lease rules, specifically relevant for Westland via District Court of The Hague:

• Tenancy Act 1995: Regulates tenancy rights; subletting is excluded unless the lessor consents.
• Art. 7:206 CC: Tenant must use the dwelling for the agreed purpose; subletting not permitted without permission.
• Art. 7:207 CC: Explicit prohibition on subletting without lessor's consent – core of the ban.

When does the ban apply in Westland?

Always in case of explicit mention, but also implicitly if the dwelling is leased for own use, common in Westland's social sector.

Explicit ban

Such as:

'No subletting of the dwelling or parts thereof.'

Implicit ban

Applies to social rental in Westland or private rental for own occupation, such as:

• Social housing for affordable living.
• Private contracts with 'own use' clause.

Consequences of violation in Westland

Violation may lead to:

1. Dissolution of lease agreement: Via District Court of The Hague, the lessor may terminate the contract due to breach.
2. Tenancy dispute procedure: Tenant risks eviction; consult Juridisch Loket Westland for advice.
3. Fines or damage claims: Lessor may claim lost income.

In Westland, housing associations act strictly against illegal subletting, especially with the high demand for housing.

Exceptions and permission

With written permission from the lessor, subletting is sometimes allowed, for example temporarily in case of absence. Always request this and document it. Without permission: risk of legal action before the District Court of The Hague.

Tips for tenants in Westland

• Check your contract for subletting clauses.
• Request permission for room rental.
• In case of dispute: free help via Juridisch Loket Westland.

For local tenancy matters in Westland: District Court of The Hague (district) handles procedures.