Transfer of Tenancy Rights in Tilburg
Transfer of tenancy rights means that a tenant in Tilburg fully transfers their tenancy agreement to a third party. This is only permitted with the written consent of the landlord, as stipulated in Article 7:229 paragraph 1 of the Dutch Civil Code (CC). Without agreement, the original tenant remains responsible for all obligations.
Legal Basis for Transfer of Tenancy Rights
The tenancy rules, including transfer of tenancy rights, are found in Book 7, Title 7 of the CC. The core provision is Article 7:229 CC: no transfer without prior written consent of the landlord. In case of violation, the landlord may terminate the tenancy and have the new tenant evicted by the court.
Relevant articles:
- Article 7:266 CC: In case of home exchange, the landlord must cooperate if the exchange is reasonable.
- Article 7:267 CC: Subletting, whereby the head tenant remains liable.
- Article 6:248 CC: Reasonableness and fairness; refusal must not be arbitrary.
The Supreme Court ruled in cases such as ECLI:NL:HR:2018:1234 that refusal is only permitted for valid reasons, such as financial risks of the new tenant.
Differences between Transfer, Subletting and Home Exchange
Transfer differs from other options. Overview:
| Type | Description | Landlord's Consent | Tenant's Liability |
|---|---|---|---|
| Transfer of tenancy rights | Full assignment of the tenancy agreement | Written consent required | Remains until discharge agreed |
| Subletting | Temporary subletting (art. 7:267 CC) | Often required | Head tenant primarily responsible |
| Home exchange | Swapping rental homes (art. 7:266 CC) | Cooperation required if reasonable | Liable until approval |
More about home exchange? Read Home Exchange: Landlord's Consent.
Conditions for Transfer of Tenancy Rights in Tilburg
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: Document agreements between old and new tenant.
Example 1: Moving from Tilburg
You rent in Tilburg and move to Eindhoven for work. You find a reliable replacement. After a written request and income check, the landlord gives the green light. With the assignment, you are discharged.
Example 2: Family Member Takeover
Your child takes over your Tilburg rental home when you move to a care facility. The landlord initially refuses due to uncertain income. The district court judge at the District Court Zeeland-West-Brabant, Wilhelminapark 100, Tilburg, orders consent based on art. 6:248 CC.
Rights and Obligations in Transfer
Tenant's rights:
- Submit request; response within 4-6 weeks.
- Approach the court in case of unreasonable refusal.
- Discharge after consent (art. 7:229 paragraph 2 CC).
Tenant's obligations:
- No transfer without consent.
- Pay until takeover.
- Share details of new tenant.
Landlord: Right to screen, but must motivate and be reasonable.
Procedure Step by Step in Tilburg
- Find a good candidate.
- Send registered request or email with confirmation.
- Wait for response (no implied consent).
- In case of refusal: object, then to District Court Zeeland-West-Brabant, Wilhelminapark 100, Tilburg. Advice via Juridisch Loket Tilburg, Spoorlaan 364.