Substitution criteria for commercial space in Tilburg
Substitution of a commercial space in Tilburg means that a new tenant replaces the current tenant. This is only possible under strict statutory criteria. Discover the conditions, rights and obligations, including local authorities such as the District Court Zeeland-West-Brabant in Tilburg.
In the case of substitution of commercial space in Tilburg, a new tenant takes the place of the current one. The landlord can initiate this, but only under strict conditions from the Lease of Movables Act and related regulations. It ensures that the new tenant is reliable and suitable for the space, such as shops or offices on Spoorlaan. This article discusses the criteria, procedures and local relevance for tenants and landlords in Tilburg.
What does substitution entail?
Substitution is a procedure whereby a new tenant takes over an existing contract for commercial spaces such as shops, offices or warehouses in Tilburg. This often happens in the event of business transfer, bankruptcy or termination. The landlord selects a candidate, but approval from the Rent Tribunal is required.
It does not happen automatically; the landlord must submit a request to the Rent Tribunal, which tests the criteria. In Tilburg, you can get advice from the Legal Aid Office Tilburg, Spoorlaan 364. After approval, the new tenant takes over the space.
Statutory basis
Important laws for substitution in Tilburg:
- Lease of Movables Act (Whz): Articles 7:900-7:905 regulate substitution for commercial spaces.
- Commercial Spaces Substitution Act: Establishes procedures and criteria.
- Commercial Spaces Substitution Decree: Contains detailed conditions.
The landlord may place a new tenant after Rent Tribunal approval. Criteria include reliability and financial capacity. In case of disputes in Tilburg: District Court Zeeland-West-Brabant, Wilhelminapark 100.
Criteria for substitution
The Rent Tribunal tests for:
- Reliability: Good credit record, no debts or bankruptcies. Credit report required.
- Suitability: Appropriate use, e.g. shop for retail in Tilburg.
- Financial capacity: Proof of rent payment capacity via bank statement.
- No nuisance: No objections from other tenants.
- Landlord consent: Written approval essential.
Practical examples
Examples:
| Situation | Possible? | Reason |
|---|---|---|
| Shopkeeper sells business to fellow entrepreneur | Yes | Meets reliability and suitability |
| Tenant with bankruptcy history | No | Fails reliability criterion |
| Private individual for shop premises | No | Not suitable for commercial space |
| Financially strong new shopkeeper | Yes | Capacity and consent present |
Procedure in Tilburg
Submit request to Rent Tribunal. In case of rejection: appeal to District Court Zeeland-West-Brabant (Wilhelminapark 100). Free advice: Legal Aid Office Tilburg (Spoorlaan 364). Ensure complete documentation to avoid delays.