Tacit Assignment in Utrecht Tenancy Law
In Utrecht, tacit assignment is a crucial protection in Dutch tenancy law. A landlord consents by silence automatically to co-tenancy if he does not respond within one month to a request. This helps tenants in the region, such as in Utrecht student flats or family homes, to add partners or relatives to the tenancy agreement, when cohabiting or after death.
Legal Basis in Utrecht
The rule is set out in Book 7 of the Dutch Civil Code (BW), in particular Article 7:267 BW for co-tenancy. A tenant must submit a written request for a partner, family member moving in long-term, or close relation. According to paragraph 3 of Article 7:267 BW, the landlord must decide within one month. No response? Then it is tacitly granted. Refusal is only permitted for good, substantiated reasons, such as financial risks or nuisance.
In the event of death, Article 7:268 BW applies: the partner automatically becomes the principal tenant, unless objection is made within one month. In Utrecht, where the District Court of Midden-Nederland (Vrouwe Justitiaplein 1) handles these cases, this prevents homelessness in the event of relationship breakdown or death.
This protection is essential in the busy Utrecht rental market.
Practice in Utrecht
Example: you share a home on the Oudegracht with your partner, but only your name is on the contract. This is how you request co-tenancy:
- Send a written request by registered mail or email with read receipt. State name, date of birth, address, and relationship with the candidate.
- Wait one month for a response.
- No response? Co-tenancy takes effect, proven by proof of dispatch.
Example 1: Anna and Tom rent in Kanaleneiland. Tom is the principal tenant. Anna, a UU student, wants to become co-tenant after job loss. Request on April 1, no response by May 1: from May 2 she is co-tenant. Landlord can no longer refuse.
Example 2: After the death of her partner on June 10 in a flat on Amsterdamsestraatweg, Ellen claims the tenancy right. No objection within one month: she is the principal tenant.
Rights and Obligations
As co-tenant via tacit consent, you enjoy full rights:
- Rent protection (termination difficult).
- Use and subletting (with permission).
- Obligation to pay rent and maintain.
Obligations:
- Pay on time (together with principal tenant).
- No nuisance or damage.
- Cooperate with inspections.
Landlord cannot revoke this at will; only court in case of serious problems. In Utrecht: consult Juridisch Loket Utrecht (Catharijnesingel 55).
Comparison Explicit vs. Tacit
| Aspect | Explicit | Tacit |
|---|---|---|
| Response period | 1 month, written yes | No response = yes |
| Proof | Agreement letter | Proof of dispatch + silence |
| Tenant risk | Possible refusal | Minimal with correct request |
| Revocable? | With reason | Only via court |
Frequently Asked Questions
Can landlord refuse later in Utrecht?
No, binding. Court (District Court of Midden-Nederland, Vrouwe Justitiaplein 1) can only intervene in case of fraud or non-payment. Keep everything.
Must request be in writing?
Yes, oral does not count. Use registered letter for proof. In doubt: Juridisch Loket Utrecht, Catharijnesingel 55.