Difference between holiday rental and residential tenancy in Westland
In Westland, holiday rental falls outside the residential tenancy law (article 7:201 DCC) and offers no tenancy protection. It is intended for recreational use, such as short stays in greenhouse properties or glasshouse horticulture holidays, not for long-term living. Landlords in towns like Naaldwijk or Poeldijk sometimes try to circumvent strict rental rules through this model, but the municipality of Westland maintains strict supervision.
Statutory boundary specific to Westland
If the occupancy in Westland lasts longer than a few months or serves as the main residence, it qualifies as protected residential space (Supreme Court 15 April 2014, ECLI:NL:HR:2014:123). Courts look at intention and actual use: invoices, registration in the Municipal Personal Records Database at a Westland address and presence of fixed furniture in recreational homes are crucial indicators. The municipality checks this extra strictly due to the pressure on the local housing market in districts such as Monster and 's-Gravenzande.
Consequences of exceedance in Westland
An invalid holiday rental agreement in Westland becomes a residential tenancy retroactively, including protection against termination. Landlords risk retroactive assessment of regular rent, fines from the municipality and possible closure by the Environmental Service West-Holland. Tenants can effectively block eviction via the district court in The Hague.
Airbnb-style rental in Westland requires a tourist permit from the municipality; violation leads to penalty payments and forced closure of the accommodation.