Ground for Termination: Urgent Own Use
Urgent own use is a statutory ground on which a landlord can terminate a rental property if he or she wants to move into it themselves. This provision is intended to protect landlords who need their own home, but it comes with strict conditions. As a tenant, you can appeal against it if the conditions have not been met. In this article, we explain how this ground for termination works, what rights and obligations you have, and what you can do if your landlord terminates your tenancy on this ground.
What is urgent own use?
Urgent own use is a statutory ground for a landlord to terminate an indefinite-term lease agreement. This provision is laid down in the Rental Act 2024 (formerly the Rental Act 2015) and is intended for situations in which the landlord needs the property themselves. Examples include:
Importantly, the landlord must have urgent own use of the property. This means that no reasonable alternative property is available that the landlord can occupy. In addition, the landlord must demonstrate that he or she genuinely intends to occupy the property themselves.
Statutory basis
The provision for urgent own use is laid down in Article 7:293 of the Dutch Civil Code (BW). This article states that a landlord may terminate a tenancy if:
- The landlord wants to occupy the property themselves.
- The landlord cannot find another reasonable property that meets his or her needs.
- The landlord demonstrably has urgent own use of the property.
In addition, specific rules apply to the notice period and the procedure that the landlord must follow. For example, the landlord must give notice in writing and provide certain documents, such as a statement of urgent own use and, if applicable, proof of the absence of alternative properties.
When may a landlord terminate your tenancy?
Not every situation in which a landlord needs his or her own home qualifies as urgent own use. The landlord must meet a number of conditions:
1. The landlord has a reasonable need for the property
The landlord must demonstrate that he or she actually needs the property. This may be the case, for example, if:
- The landlord must leave his or her current home due to a divorce or another personal situation.
- The landlord is no longer able to maintain his or her current home (for example, due to health reasons).
- The landlord needs the property temporarily as an interim home during a move.
2. No reasonable alternative property is available
The landlord must demonstrate that there is no other reasonable property available that meets his or her needs. This may be the case, for example, if:
- The landlord needs a property with specific features (for example, a wheelchair-accessible property).
- The landlord must live in a certain neighbourhood due to work or family ties.
- The landlord cannot find another property within his or her budget.
The court assesses whether the landlord has searched sufficiently for alternatives. It is therefore important that the landlord can demonstrate that he or she has tried to find another property.
3. The landlord has urgent own use
The landlord must have urgent own use of the property. This means that the landlord cannot wait for another property. Examples include:
- The landlord has already sold his or her current home and must vacate it within a certain period.
- The landlord has a medical need to move (for example, to a care facility that the landlord must occupy).
- The landlord has a temporary situation that cannot wait, such as a divorce where the children must continue to live in the property.
Procedure upon termination on the ground of urgent own use
If a landlord terminates your tenancy on the ground of urgent own use, he or she must follow a number of steps. It is important to follow this procedure, otherwise the termination may be invalid.