Transfer of Tenancy Rights in Leiden
Transfer of tenancy rights means that a tenant in Leiden fully transfers their tenancy agreement to a third party. This is only permitted with the written consent of the landlord, as laid down 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 rules are set out in Book 7, Title 7 of the BW. The core is Article 7:229 BW: transfer without prior written consent of the landlord is not permitted. In case of violation, the landlord may terminate the tenancy agreement and enforce eviction through the court, for example at District Court of The Hague, Leiden Location.
Relevant articles:
- Article 7:266 BW: House swap, where landlords must reasonably cooperate.
- Article 7:267 BW: Subletting, where the head tenant remains liable.
- Article 6:248 BW: Reasonableness and fairness; unreasonable refusal is not permitted.
The Supreme Court ruled in cases such as ECLI:NL:HR:2018:1234 that refusal is only permitted for concrete risks, such as payment problems.
Differences between Transfer, Subletting and House Swap
Overview of the options:
| Type | Description | Landlord's Consent | Tenant Liability |
|---|---|---|---|
| Transfer of Tenancy Rights | Full takeover by third party | Written consent mandatory | Remains until agreement |
| Subletting | Temporary sublease (art. 7:267 BW) | Usually required | Head tenant primarily responsible |
| House Swap | Swapping rental homes (art. 7:266 BW) | Cooperation mandatory if reasonable | Until swap approved |
More about house swap? See House Swap: Landlord's Consent.
Conditions for Transfer of Tenancy Rights in Leiden
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: Record agreements between old and new tenant.
Example 1: Moving for Job
You rent in Leiden and move to Utrecht for work. You find a solvent replacement. After written request and income check, the landlord agrees. With the assignment, you are discharged.
Example 2: Family Transfer
Your child takes over your rental home in Leiden when you move to a care facility. Landlord initially refuses due to temporary contract. At District Court of The Hague, Leiden Location, consent is enforced based on art. 6:248 BW.
Rights and Obligations in Transfer
Tenant Rights:
- Submit request; response within 4-6 weeks.
- Judicial review for unreasonable refusal, via Juridisch Loket Leiden, Stationsweg 46.
- Discharge after approval (art. 7:229 paragraph 2 BW).
Tenant Obligations:
- No transfer without consent.
- Pay until takeover.
- Share details of new tenant.
Landlord: Right to screen, but must motivate and not unreasonably refuse.
Procedure Step by Step
- Find a reliable replacement.
- Send registered request or email with confirmation.
- Wait for response (no implied consent).
- In case of refusal: object and go to District Court of The Hague, Leiden Location or Juridisch Loket Leiden, Stationsweg 46.