Tacit Assignment in Tenancy Law in Westland
In Westland, tacit assignment is a crucial protection in Dutch tenancy law. A landlord tacitly consents to a request for co-tenancy by silence if he does not respond within one month. This helps tenants in municipalities such as Naaldwijk, 's-Gravenzande or Monster to add partners or family members to the tenancy agreement, for example in cases of cohabitation or after the death of the principal tenant.
Legal Basis in Westland
The rules are set out in Book 7 of the Dutch Civil Code (BW), in particular Article 7:267 BW for co-tenancy. A tenant must submit a written request for a partner, family member who permanently moves in, or closely involved person. According to paragraph 3 of Article 7:267 BW, the landlord must decide within one month. No response? Then co-tenancy is tacitly granted. Refusal is only permitted for motivated reasons, such as financial risks to the household or nuisance.
In the event of death, Article 7:268 BW applies: the partner automatically becomes the principal tenant, unless the landlord objects within one month. In Westland, under the jurisdiction of the District Court of The Hague, these rules prevent homelessness due to unreasonable refusals.
Practice in Westland
Example: You rent in Poeldijk and want to add your partner. Steps:
- Send a written request by registered mail or email with read receipt. Provide name, date of birth, address and relationship.
- Wait one month.
- No response? Co-tenancy is granted, provable with proof of dispatch. Consult the Juridisch Loket Westland for assistance.
Example 1: Pieter and Sophie rent in Kwintsheul. Pieter is the principal tenant. Sophie wants to become co-tenant after job loss. Request on 1 April, no response by 1 May: from 2 May she is co-tenant. Later refusal fails.
Example 2: After the death of her partner on 10 May in Monster, widow Anna claims the tenancy. No landlord response within one month: automatically principal tenant.
Rights and Obligations
Co-tenant via tacit consent obtains full rights:
- Tenancy protection (termination difficult).
- Use of the property and subletting (with permission).
- Obligation to pay rent and maintenance.
Obligations:
- Pay rent on time (jointly).
- No nuisance or damage.
- Cooperate with inspections.
The landlord cannot unilaterally revoke; only the court in case of serious problems, via District Court of The Hague.
Comparison Explicit vs. Tacit Assignment
| Aspect | Explicit | Tacit |
|---|---|---|
| Response period | 1 month consent | No response = consent |
| Proof | Consent letter | Proof of dispatch + silence |
| Tenant risk | Refusal possible | Minimal with proper application |
| Revocable? | With reason | Only by court |
Frequently Asked Questions
Can landlord refuse later in Westland?
No, binding. Court revokes only in case of fraud or non-payment. Keep everything; call Juridisch Loket Westland.
Must request be in writing?
Yes, otherwise no tacit assignment. Use registered letter for proof.