Transfer of Tenancy Rights in Westland
Transfer of tenancy rights means that a tenant in Westland fully transfers their tenancy agreement to a third party. This is only permitted with the written consent of the landlord, as stipulated in Article 7:229 paragraph 1 of the Dutch Civil Code (BW). Without agreement, the original tenant remains responsible for all obligations.
Legal Basis for Transfer of Tenancy Rights
The tenancy rules, including transfer of tenancy rights, are found in Book 7, Title 7 of the BW. The core provision is Article 7:229 BW: no transfer without prior written consent of the landlord. In case of violation, the landlord may terminate the tenancy and have the new occupant evicted via the District Court of The Hague (district Westland).
Relevant articles:
- Article 7:266 BW: In case of home swap, the landlord must cooperate if reasonable.
- Article 7:267 BW: For subletting, the head tenant remains liable.
- Article 6:248 BW: Refusal of consent must be reasonable.
The Supreme Court ruled in cases such as ECLI:NL:HR:2018:1234 that refusal is only permitted for serious risks, such as financial problems of the new tenant.
Differences between Transfer, Subletting and Home Swap
Transfer fundamentally differs from other options. Overview:
| Form | Description | Landlord's Consent | Tenant Liability |
|---|---|---|---|
| Transfer of tenancy rights | Full assignment of the tenancy agreement | Written mandatory | Remains until explicit agreement |
| Subletting | Temporary subletting (art. 7:267 BW) | Often required | Head tenant primarily responsible |
| Home swap | Swapping homes (art. 7:266 BW) | Cooperation mandatory if reasonable | Liable until approval |
More about home swap? Read Home Swap: Landlord's Consent.
Conditions for Transfer of Tenancy Rights in Westland
For a smooth transfer:
- Written request: Send details of the new tenant (income, references) to the landlord.
- Reasonable refusal: Only for solvency issues, nuisance or arrears.
- Assignment agreement: Document agreements between old and new tenant.
Example 1: Job Change
You rent in Westland and move to The Hague for work. You find a solvent replacement. After a written request and income check, the landlord gives the green light. With the assignment, you are discharged.
Example 2: Family Life
Your child takes over the tenancy when you move to a care facility. Landlord initially refuses due to temporary contract. At the cantonal division of the District Court of The Hague, you win based on art. 6:248 BW.
Rights and Obligations in Transfer
Tenant's rights:
- Submit request; response within 4-6 weeks.
- Approach the court in case of unreasonable refusal.
- Discharge after consent (art. 7:229 paragraph 2 BW).
Tenant's obligations:
- No transfer without consent.
- Pay until takeover.
- Full information on new tenant.
Landlord: May screen, but must motivate and not unreasonably refuse. In case of issues: seek advice from Juridisch Loket Westland.
Procedure Step by Step
- Find a reliable successor.
- Send formalized request by registered mail or with confirmation.
- Await response (no implied yes).
- Refusal? Object and go to District Court of The Hague.