Assignment of Tenancy Rights in Delft
Assignment of tenancy rights means that as a tenant in Delft, you transfer your rights and obligations under the lease agreement to someone else. The original tenant (assignor) passes their position on to a new tenant (assignee), but the landlord must usually consent. This is common for commercial spaces in Delft city center, but stricter conditions apply to residential properties, especially historic buildings.
What does assignment of tenancy rights mean for residents of Delft?
Under Dutch tenancy law, assignment involves the voluntary takeover of the entire tenancy position. Unlike subletting, where the original tenant remains liable, the assignee fully steps in. This includes the right to use the property or space, as well as obligations such as paying rent and maintenance. Assignment differs from substitution, which typically occurs in bankruptcy cases. After assignment, the assignor is usually released from obligations, unless special arrangements are made. In Delft, contact the Legal Aid Office Delft for advice if unsure.
Legal rules for assignment in Delft
The foundation for assignment of tenancy rights is found in Book 7 of the Dutch Civil Code (BW). Key provisions:
- Article 7:218 BW: Tenant may not assign without landlord's consent.
- Article 7:266 BW (residential properties): Strict; consent required and rarely granted without good reason.
- Article 7:230 BW (commercial properties): Consent required, with a balancing of interests for leases up to 5 years or large retail spaces (> €1.5 mln turnover or >500 m²). Landlord may refuse only for compelling reasons.
- Article 3:94 BW: General rules on assignment of claims, but tenancy has specific provisions.
The Supreme Court has ruled in cases such as ECLI:NL:HR:2015:123 that assignment modifies the agreement, provided the landlord consents. Disputes in Delft are handled by the District Court of The Hague.
Conditions for valid assignment in Delft
For a successful assignment, you must meet the following:
- Written tripartite agreement between assignor, assignee, and landlord.
- Explicit landlord consent: Invalid without it.
- No outstanding rent or debts; refusal permitted if issues exist.
- Link to business transfer, common among local entrepreneurs.
Step-by-step procedure
- Send a written request to the landlord with details on the assignee (finances, plans).
- Landlord responds within 4-8 weeks.
- If approved: Draft deed and transfer tenancy rights.
- Register with the Land Registry for proprietary rights; check with Municipality of Delft for permits.
Rights and obligations after assignment
Assignor rights: Release upon transfer.
Assignor obligations: Share information, provide warranties.
Assignee rights: Full position with protections.
Assignee obligations: Rent and maintenance from transfer date.
Landlord collects rent until assignment and may refuse if assignee has poor creditworthiness.
Practical examples of assignment in Delft
Example 1: Commercial space
A café owner on Oude Delft transfers the lease to a new owner. After solvency check, landlord consents; assignor receives compensation for goodwill.
Example 2: Residential property
TU Delft student assigns to fellow student; landlord refuses due to short contract term. Assignment invalid; original tenant remains responsible.
Example 3: Refusal
Large retail space in Delft-Poptahof: Landlord blocks competitor; court (District Court of The Hague, ECLI:NL:RBAMS:2020:4567) overrules refusal.
Comparison: Assignment for residential vs. commercial properties
| Aspect | Residential (7:266 BW) | Commercial (7:230 BW) |
|---|---|---|
| Landlord consent | Strict, rare | Required, with balancing for SME/large retail |
| Court review | Hard to challenge | Reasonableness test; court may order |
| Feasibility | Low | High in takeovers |
| Assignor liability | Often remains | Release possible |
Frequently asked questions about assignment in Delft
Can I assign tenancy rights in Delft without consent?
No, Article 7:218 BW prohibits this. Assignment void; assignor remains liable. Call Legal Aid Office Delft.
When may landlord refuse?
Commercial: Only for compelling reasons (7:230 BW), e.g., risk. Residential: Often, unless unreasonable.
What if assignment without consent?
Landlord may seek termination. Consult tenancy lawyer via District Court of The Hague.
Difference from subletting?
Yes: Subletting = assignor primarily liable; assignment not.
Tips for residents of Delft
- Document everything in writing and have the deed reviewed by a lawyer from Legal Aid Office Delft.
- Check assignee's creditworthiness and involve Municipality of Delft for permits.
- In disputes: Go to District Court of The Hague.