Conditions for Housing Exchange with a Corporation in Delft
Housing exchange with a corporation enables tenants in Delft to swap homes without ending their rental agreements. This article outlines the conditions for exchanging social rental housing managed by corporations, focusing on legal rules, practical requirements, and potential challenges. It builds on our foundational article about Housing Exchange - Procedure and Conditions, tailored to the local context in Delft.
Definition and Explanation of Housing Exchange with Corporations in Delft
Housing Exchange with Corporation in Delft refers to the process where two tenants of social rental housing, managed by corporations, swap their homes. This is ideal for residents of Delft seeking more suitable accommodation, such as a larger home for a family near TU Delft or a smaller apartment for a single person in the historic city center. Unlike a move involving termination, the rental agreement remains intact and transfers to the exchange partner. Corporations in the area, like Staedion, support this through platforms such as WoningNet, but impose strict requirements to protect the social housing market in Delft and prevent misuse.
The exchange requires consent from both tenants and the involved corporation(s). This is governed by Dutch tenancy law and the Housing Act, aimed at ensuring fair allocation of limited social housing in Delft. For example: You rent a two-bedroom apartment from Staedion in the Poptahof neighborhood, but your family is growing. You match with someone who has a three-bedroom home from another corporation in Delft-Zuid and wants to downsize. After reviewing the rules, you can swap, provided all corporations and the Municipality of Delft approve.
Legal Basis
The conditions for housing exchange with corporations in Delft are based on Book 7 of the Dutch Civil Code (BW), particularly Article 7:220 BW, which regulates changes to rental agreements and requires landlord approval. For social housing in Delft, the Housing Act (Article 35 et seq.) also applies, prioritizing allocation for vulnerable groups, such as first-time buyers or low-income families.
Corporations often follow guidelines from Aedes but adapt them to local rules. Relevant legal provisions include:
- Article 7:266 BW: Addresses the transfer of tenancy rights, including exchanges.
- Article 7:271 BW: Prevents unauthorized changes or subletting.
- Housing Ordinance of the Municipality of Delft: Sets standards for suitable rent, such as an income limit of €44,035 for single persons in 2023, aligned with the Delft housing market.
Practical Conditions for Housing Exchange in Delft
For a successful exchange in Delft, tenants must meet various requirements. These vary by corporation, but general conditions apply:
- Tenant Status: Both parties must be tenants with a corporation and have lived in the property for at least one year, to discourage speculative behavior in the Delft market.
- No Outstanding Payments: Any unpaid rent or service charges will block the exchange; corporations review the tenancy record.
- Housing Suitability: The new home must match your household and income, for example, no swapping to a larger home for a single person in Delft.
- Corporation Approval: If different corporations are involved, all must agree, which in the Den Haag-Delft region can take a few weeks.
- Technical Inspection: The property must be in acceptable condition; serious defects could halt the exchange.
| Corporation | Minimum Tenancy Duration | Income Limit for Exchange | Platform |
|---|---|---|---|
| Staedion (Delft) | 1 year | €44,035 (2023) | WoningNet |
| Vidomes (region Delft) | 6 months | Suitability standard | WoningNet |
| Vestia (Den Haag/Delft) | 1 year | €47,699 (family) | WoningNet |
Rights and Obligations of Tenants in Delft
In Delft, as a tenant, you have the right to housing exchange if you meet the conditions; corporations cannot refuse this arbitrarily (Article 7:220(2) BW). If a refusal is unreasonable, you can appeal to the Tenancy Board or escalate to the District Court of The Hague. Obligations include:
- Providing accurate information about your income and household.
- Handing over the property in good and usable condition.
- Avoiding commercial misuse, which is punishable under the Housing Act of the Municipality of Delft.
Frequently Asked Questions
Can I exchange if I have a temporary contract?
No, housing exchange in Delft is generally only allowed with a permanent rental contract, to ensure stability in the social housing sector.