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Conditions for Housing Exchange with Housing Corporations in Tilburg

Discover the conditions for housing exchange with housing corporations in Tilburg: from legal requirements to practical tips via WonenBreburg and Tilburg Municipality.

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Conditions for Housing Exchange with a Housing Corporation in Tilburg

Housing exchange with a housing corporation enables tenants in Tilburg to swap homes without terminating their lease. This article outlines the conditions for exchanging social rental properties managed by corporations in the region, focusing on legal regulations, everyday requirements, and potential challenges. It builds on our overview of Housing Exchange - Procedure and Conditions, with specific tips for residents of Tilburg.

What is Housing Exchange with Housing Corporations in Tilburg?

Housing Exchange with Housing Corporations in Tilburg refers to the process where two tenants of social rental properties, managed by local corporations like WonenBreburg, swap their homes. This is useful for Tilburg residents seeking a better-suited property, such as a larger home for a growing family or a smaller apartment for a single person. Unlike a move involving lease termination, the rental agreement remains intact and transfers to the exchange partner. In Tilburg, corporations support this through platforms like WoningNet or local portals, but with strict rules to protect the social housing market and prevent misuse.

The exchange requires agreement from both tenants and the involved corporation(s). This is governed by Dutch tenancy law and the Housing Act, aimed at ensuring a fair distribution of limited social housing in Tilburg. For example: You rent a semi-detached house from WonenBreburg in the Het Zand neighborhood, but your family has expanded. You match with someone who wants to leave a one-bedroom flat in Besterdwilgen for something larger. After reviewing the requirements, you can swap if WonenBreburg (or another corporation) approves.

Legal Basis for Housing Exchange in Tilburg

The conditions for housing exchange with housing corporations in Tilburg are based on Book 7 of the Dutch Civil Code (BW), particularly Article 7:220 BW, which allows changes to rental contracts, such as exchanges, only with the landlord's approval. For social housing in Tilburg, the Housing Act (Article 35 et seq.) also requires corporations to prioritize urgent groups, like first-time buyers or seniors.

Housing corporations in Tilburg often follow guidelines from Aedes, the industry association. Relevant laws include:

  • Article 7:266 BW: Covers the transfer of tenancy rights, including exchange options.
  • Article 7:271 BW: Prevents unauthorized changes or subletting without permission.
  • Housing Regulation of Tilburg Municipality: Sets standards for suitable rentals (e.g., income up to €44,035 for singles in 2023), with a focus on local urgency.
These rules ensure that exchanges do not bypass eligibility for non-qualifying tenants. Corporations assess exchanges based on suitability and income, in line with Tilburg Municipality requirements.

Practical Requirements for Housing Exchange in Tilburg

For a successful exchange in Tilburg, tenants must meet various criteria. These vary slightly by corporation, but standard rules apply:

  1. Tenant Status: Both parties must be current tenants with a Tilburg housing corporation and have lived in the property for at least one year (to prevent speculative exchanges).
  2. No Outstanding Payments: Any overdue rent or costs are not allowed; corporations check this in your file.
  3. Property Suitability: The exchange property must match your household and budget. For instance, a single person with limited income cannot swap for a large family home.
  4. Corporation Approval: If different corporations are involved (e.g., WonenBreburg and a neighboring one), all must agree, which can take up to a month.
  5. Property Inspection: The homes must be in acceptable condition; any defects could halt the deal.
For an overview of requirements from Tilburg housing corporations:
CorporationMinimum Tenancy DurationIncome Limit for ExchangePlatform
WonenBreburg (Tilburg)1 year€44,035 (2023)WoningNet
Sint Joseph (Tilburg region)6 monthsSuitability standardLocal portal
Enkelenburg (near Tilburg)1 year€47,699 (family)WoningNet
Practical example: Mr. Van Dijk, a tenant with WonenBreburg in Westermarkt, wants to exchange with Mrs. Jansen from Sint Joseph in Tuinstad. Both have been renting for over a year without debts. The application is submitted via WoningNet; WonenBreburg approves because the property fits, but Sint Joseph blocks it due to a minor service charge arrears. Solution: Arrange payment with advice from the Legal Aid Office in Tilburg, and the exchange proceeds.

Rights and Obligations of Tenants in Tilburg

In Tilburg, as a tenant, you have the right to housing exchange if you meet the requirements; corporations cannot refuse arbitrarily (Article 7:220 paragraph 2 BW). If a refusal is unreasonable, you can complain to the Rental Committee or, if necessary, the District Court of Zeeland-West-Brabant in Breda. Obligations include:

  • Providing accurate information about income and household via the Legal Aid Office in Tilburg.
  • Leaving the property clean and habitable.
  • Avoiding misuse, such as exchanging for profit (which is punishable under Tilburg Municipality's Housing Act).
During an exchange, the rental agreement transfers, maintaining your rent price or adjusting it if the new property is more expensive, after discussion.

Frequently Asked Questions

Can I exchange if I have a temporary contract?

No, housing exchange in Tilburg is generally only for permanent rental contracts, to ensure stability in the social housing sector.