Transfer of Tenancy Rights in Utrecht
Transfer of tenancy rights means that a tenant in Utrecht fully transfers their tenancy agreement to a third party. This is only permitted with the landlord's written consent, as stipulated in Article 7:229 paragraph 1 CC. Without agreement, the original tenant remains responsible for all obligations.
Legal Basis in Utrecht
The tenancy rules are found in Book 7, Title 7 CC. The core is Article 7:229 CC: no transfer without prior written consent. In case of violation, the landlord may terminate the tenancy and demand eviction through the court. In Utrecht, such cases are handled by the District Court of Midden-Nederland, Vrouwe Justitiaplein 1.
Relevant articles:
- Article 7:266 CC: Tenancy swap, whereby landlords must provide reasonable cooperation.
- Article 7:267 CC: Subletting, whereby the head tenant remains liable.
- Article 6:248 CC: Refusal must not be unreasonable.
The Supreme Court (e.g., ECLI:NL:HR:2018:1234) rules that refusal is only justified in cases of concrete risks such as payment problems.
Overview: transfer vs. subletting vs. tenancy swap
Key differences:
| Type | Description | Landlord's Consent | Tenant's Liability |
|---|---|---|---|
| Transfer of tenancy rights | Full cession of the contract | Written consent required | Remains until discharge agreed |
| Subletting | Temporary subletting (art. 7:267 CC) | Usually required | Head tenant primarily responsible |
| Tenancy swap | Swapping rental properties (art. 7:266 CC) | Reasonable cooperation required | Until swap approved |
More about tenancy swap? See Tenancy Swap: Landlord's Consent.
Conditions for Successful Transfer in Utrecht
- Written request: Send details of the new tenant (income, references) to the landlord.
- Reasonable refusal: Only for solvency issues, nuisance or arrears.
- Cession agreement: Document agreements between old and new tenant.
Example 1: Job Relocation
You rent in Utrecht and move to The Hague for work. You find a solvent replacement. After a written request and income check, the landlord gives the green light. With the cession, you are discharged.
Example 2: Family Circumstances
Your child takes over your Utrecht rental property when you move to a care facility. The landlord initially refuses due to a temporary contract. At the cantonal division (District Court of Midden-Nederland), the refusal is declared unreasonable pursuant to Article 6:248 CC.
Rights and Obligations
Tenant's rights:
- Submit request; response within 4-6 weeks.
- Approach the court in case of unreasonableness.
- Discharge after consent (art. 7:229 paragraph 2 CC).
Tenant's obligations:
- No transfer without consent.
- Pay until takeover.
- Share details of new tenant.
Landlord: May screen, but must motivate and not unreasonably refuse.
Step-by-Step Procedure
- Find a reliable successor.
- Send registered request or email with confirmation.
- Await response (no implied consent).
- Refusal? Object and go to District Court of Midden-Nederland, Vrouwe Justitiaplein 1, Utrecht.
- For free advice: Juridisch Loket Utrecht, Catharijnesingel 55.