Subletting Ban in Delft: What is Allowed and What is Not?

Subletting Ban in Delft: What is Allowed and What is Not?

A subletting ban is a clause in a lease agreement that prohibits the main tenant from subletting the property (in whole or in part) to a third party. This is particularly relevant in Delft, where the rental market is tight due to students and expats. It ensures that the main tenant lives in the property themselves and does not act as a landlord. In this article, we explain what a subletting ban entails, when it applies in Delft, and what the consequences are for violation. For advice in Delft: consult the Juridisch Loket Delft.

What is a subletting ban?

A subletting ban prohibits the main tenant from subletting the property or parts thereof, such as a room to a student or the entire property via Airbnb. In Delft, with a lot of student housing, this is crucial to prevent abuse and to guarantee the property as living space for own use.

Sometimes it is not explicitly stated in the agreement, but implied by the leasing intention, for example in leases for own use. A typical clause reads:

'The tenant may not sublet the property in whole or in part to third parties.'

Legal basis of the subletting ban

The subletting ban derives from general rental rules. Important laws:

• Rental Act 1995: Regulates tenant rights; subletting is excluded unless the landlord consents.
• Art. 7:206 CC: Tenant must use the property for the agreed purposes; subletting does not fit without permission.
• Art. 7:207 CC: No subletting without landlord's consent – the core of the ban.

In Delft, the District Court of The Hague (district) handles rental disputes, including subletting issues.

When does a subletting ban apply in Delft?

Always in case of explicit mention, but also implicitly in leases for own use. In Delft, this often applies to student rooms or social housing.

Explicit ban

Clause such as:

'No subletting of the property to third parties.'

Implicit ban

In social housing or private rentals for own occupancy, such as TU Delft student housing. List:

• Social housing in Delft: priority for own use.
• Private rentals: often explicitly prohibited due to market pressure.

Consequences of violation in Delft

Violation may lead to:

1. Termination of lease agreement: Landlord can claim termination via District Court of The Hague.
2. Penalty clause: Often €100-500 per month of illegal subletting.
3. Damages: For lost rent or loss of value.
4. Court proceedings: Tenant must evict subtenant; Council for Legal Aid assists via Juridisch Loket Delft.

Exceptions and consent

With written consent, subletting is allowed. In Delft, students often request permission for temporary subletting during internships. Prove intent with emails.

Tips for tenants in Delft

• Check your contract for bans.
• Request permission for subletting.
• In case of conflict: Juridisch Loket Delft (free advice).
• District Court of The Hague for proceedings.

Note: in Delft, strictly enforced due to housing shortage.