Transfer of Tenancy Rights in Delft
Transfer of tenancy rights means that a tenant in Delft fully transfers their tenancy agreement to a third party. This is only permitted with the written consent of the landlord, as regulated in Article 7:229 paragraph 1 of the Dutch Civil Code (BW). Without agreement, the original tenant in Delft remains liable for the rent.
Legal Basis for Transfer of Tenancy Rights
The rules are set out in Book 7, Title 7 of the BW. The core is Article 7:229 BW: no transfer without prior written consent of the landlord. In case of violation, the landlord may dissolve the agreement and demand eviction through the District Court of The Hague (district Delft).
Relevant articles:
- Article 7:266 BW: Home swap, where landlords must reasonably cooperate.
- Article 7:267 BW: Subletting, where the head tenant remains responsible.
- Article 6:248 BW: Reasonableness and fairness; refusal must be justified.
The Supreme Court ruled in cases such as ECLI:NL:HR:2018:1234 that refusal is only permitted in cases of serious risks, such as payment problems.
Differences between Transfer, Subletting and Home Swap
Overview of options for tenants in Delft:
| Type | Description | Landlord's Consent | Tenant's Liability |
|---|---|---|---|
| Transfer of tenancy rights | Full assignment of the tenancy agreement | Written consent required | Remains until explicit agreement |
| Subletting | Temporary sublease (art. 7:267 BW) | Often required | Head tenant liable |
| Home swap | Swapping rental homes (art. 7:266 BW) | Cooperation required if reasonable | Until swap approved |
More about home swap? See Home Swap Delft: Landlord's Consent.
Conditions for Transfer of Tenancy Rights in Delft
Steps for successful transfer:
- Written request: Send with information about the new tenant (income, references) to the landlord.
- Reasonable refusal: Only for concrete objections such as nuisance or non-payment.
- Assignment agreement: Document agreements between old and new tenant.
Practical Example 1: Moving from Delft
You rent in Delft and move to Utrecht for work. You find a reliable replacement with a permanent contract. After a written request and income check, the landlord gives the green light. With the assignment, you are released.
Practical Example 2: Family Life in Delft
Your child wants to take over your rental home in Delft when you move to a senior housing. The landlord initially refuses due to flexible work. At the cantonal division (District Court of The Hague, Delft location), consent is enforced based on art. 6:248 BW.
Rights and Obligations in Transfer of Tenancy Rights
Tenant's rights:
- Submit request; response within 4-6 weeks.
- Approach the court in case of unreasonable refusal via Juridisch Loket Delft.
- Release after consent (art. 7:229 paragraph 2 BW).
Tenant's obligations:
- No transfer without consent.
- Pay rent until takeover.
- Provide full information about the new tenant.
Landlord: May screen, but must motivate and not unreasonably refuse.
The Procedure Step by Step in Delft
- Find a solvent new tenant.
- Send registered request or email with confirmation.
- Wait for response (no tacit consent).
- In case of refusal: object and go to District Court of The Hague (Delft) or Juridisch Loket Delft for advice.
For free help: Contact Juridisch Loket Delft.