Assignment of Lease Rights in Tilburg
Assignment of lease rights means that as a tenant in Tilburg, you transfer your rights and obligations under a lease agreement to someone else. The original tenant (assignor) passes their position on to a new tenant (assignee), but the landlord must usually give consent. This is common for retail properties in Tilburg's city center, but also for residential properties with stricter conditions for local residents.
What does assignment of lease rights mean for people in Tilburg?
Under Dutch tenancy law, assignment involves the voluntary transfer of lease rights. Unlike subletting, where the original tenant remains responsible, the assignee takes over everything: the right to use the property or space, payment of rent, and maintenance. For Tilburg entrepreneurs, this differs from substitution, which applies in bankruptcies. After assignment, the assignor is usually no longer liable, except in cases of special agreements.
Legal rules for assignment in Tilburg
The basis for assignment of lease rights is found in Book 7 of the Dutch Civil Code (DCC). Relevant articles:
- Article 7:218 DCC: Tenant may not transfer without landlord's consent.
- Article 7:266 DCC (residential): Strict; consent required and rarely granted for rental homes in Tilburg.
- Article 7:230 DCC (business premises): Consent required, but for leases up to 5 years or large stores (turnover > €1.5 mln or >500 m²), the court weighs interests – refusal only for compelling reasons.
- Article 3:94 DCC: General rules on assignment of claims, but leases have specific provisions.
The Supreme Court (ECLI:NL:HR:2015:123) confirms: assignment modifies the agreement, but the landlord must cooperate. For disputes in Tilburg: District Court of Zeeland-West-Brabant in Breda.
Conditions for valid assignment in Tilburg
For a successful assignment, these requirements apply:
- Written agreement between assignor, assignee, and landlord.
- Landlord's consent: Invalid without it.
- No outstanding payments; landlord may refuse if rent is in arrears.
- Linked to business takeover: Common for retail properties in Tilburg.
Step-by-step guide to assignment
- Send a written request to the landlord with details of the assignee (finances, plans for the Tilburg location).
- Landlord responds within 4-8 weeks.
- Approval? Draft a tripartite deed and transfer the lease rights.
- Register with the Land Registry for commercial properties in Tilburg.
Rights and obligations after assignment
Assignor's rights: Released from lease obligations.
Assignor's obligations: Provide information and possibly guarantees.
Assignee's rights: Full position with protections for business premises.
Assignee's obligations: Rent and maintenance from the transfer date.
Landlord receives rent until assignment and checks creditworthiness; refusal possible otherwise.
Examples of assignment in Tilburg
Example 1: Retail property
A café owner on Heuvelstraat in Tilburg quits and transfers the lease to a new operator. Landlord approves after solvency check; assignor receives payment for goodwill.
Example 2: Student housing
A Tilburg University student assigns to a friend; landlord refuses due to short contract term. Assignment invalid; original tenant must continue paying.
Example 3: Refusal
Large store in Tilburg's Westermarkt: landlord blocks assignment to competitor; court (ECLI:NL:RBAMS:2020:4567) overrules the refusal.
Comparison: assignment of residential vs. commercial leases
| Aspect | Residential (7:266 DCC) | Business premises (7:230 DCC) |
|---|---|---|
| Landlord's consent | Strict, rarely granted | Required, interests weighed for SMEs/large |
| Court review | Rarely challengeable | Reasonable; court may order |
| Use in Tilburg | Low | High in takeovers |
| Assignor's liability | Often remains | Release possible |
Frequently asked questions about assignment in Tilburg
Can I assign lease rights in Tilburg without consent?
No, Article 7:218 DCC prohibits this. Assignment is void; assignor remains liable. Contact Legal Aid Office Tilburg.
When may a landlord refuse?
For business premises, only for compelling reasons (Article 7:230 DCC), such as risk or competition. More common for homes. Procedure at District Court Breda.
What if assignment without approval?
Landlord may seek termination. Contact Legal Aid Office Tilburg immediately for advice.
Assignment vs. subletting?
Yes, subletting: assignor primarily responsible; assignment: full transfer.
Tips for tenants in Tilburg
- Document everything in writing and have the deed reviewed by a lawyer from Legal Aid Office Tilburg.
- Thoroughly check the assignee's creditworthiness.
- If refused: consider proceedings at District Court Zeeland-West-Brabant (Breda) or mediation via Tilburg Municipality.
- For lease disputes, consult Legal Aid Office Tilburg for free initial help.