Procedure for Substitution of Business Premises in Westland

The procedure for the substitution of business premises in Westland follows a structured process as outlined in Article 7:271 of the Dutch Civil Code (BW), with specific attention to the greenhouse horticulture sector, which is characteristic of this region. Landlords in areas such as Naaldwijk, Monster, or Poeldijk must submit a written request to the Rent Commission, accompanied by a motivation, supporting documents regarding the new tenant, and an explanation of how the substitution aligns with the local zoning plan for agricultural and horticultural business sites. The current tenant is granted six weeks to lodge an objection, for instance, in the case of existing greenhouse complexes in Honselersdijk. Subsequently, the commission organizes a hearing, often held in The Hague or accessible online for parties from Westland, where positions on solvency, greenhouse horticulture activities, and sustainable business operations are clarified. A binding decision follows within eight weeks. Upon approval, the new tenant assumes the rights and obligations of the lease agreement, including ongoing commitments such as greenhouse facilities, subsidy agreements, and rent arrears. Rejection allows for an appeal to the subdistrict court in The Hague. Landlords must avoid abuse, such as forcing substitution to achieve higher rents in the Westland greenhouse market, to prevent damage claims. Tenants may seek assistance from a local lawyer in Westland or the surrounding region to strengthen their position, taking into account municipal regulations for business transfers. These steps ensure a fair transition within the dynamic Westland economy and protect all parties involved against arbitrariness.