As a tenant in the Netherlands, you have two core rights: quiet enjoyment of the property and protection against the landlord ending your lease at will. These rights continue even after the landlord sells the property, and they also give you room, within limits, to share your home or business space with someone else.
Those core rights are explained in our articles on the landlord’s obligations and rent protection. This article covers two further situations: the sale of the property (Article 7:226 of the Dutch Civil Code) and subletting (Articles 7:221 and 7:244 of the Dutch Civil Code).
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What happens to your tenancy when the landlord sells the property?
If your landlord sells the rented property, your tenancy does not end. The new owner takes over the landlord’s rights and obligations under the lease by law.
Does a sale of the property end your tenancy?
Article 7:226 of the Dutch Civil Code (Burgerlijk Wetboek, BW), which applies to both residential and commercial tenancies, sets out the rule known as “sale does not break lease” (koop breekt geen huur):
“Transfer of the property to which the tenancy agreement relates (…) by the landlord transfers the rights and obligations of the landlord from the tenancy agreement to the acquirer.”
This means the sale of the property does not end your tenancy. You can also assert claims against the landlord’s legal successor, who takes over the landlord’s rights and obligations from the moment of transfer. Which claims exactly depends on which rights and obligations pass to the new owner.
Under paragraph 3 of Article 7:226 BW, the new owner only takes over the rights and obligations that are directly linked to your use of the property against payment of rent — in short, your two core rights: quiet enjoyment and rent protection.
Landlords and tenants often agree on other terms in the lease as well. A common example is a pre-emptive right (voorkeursrecht): a clause under which the landlord must first offer you the chance to buy the property before selling it to someone else. It does not give you a right to acquire the property, only a right to be offered it first.
Does this clause also bind a new owner? In view of Dutch case law, generally not: a pre-emptive right is not considered directly linked to the rent, so the clause does not automatically pass to the new owner. This may be different if the clause amounts to a purchase option, where part of your periodic payments also serves as compensation for the eventual transfer.
An example to illustrate: Suppose your lease gives you a pre-emptive right to buy the building you rent your shop in. The landlord then sells the building to an investor without offering it to you first. Because that pre-emptive right is not directly linked to the rent, the new owner is, in principle, not bound by it. You would have to pursue any claim for breach of the pre-emptive right against your original landlord, not against the new owner.
Are you allowed to sublet your home or business space?
Subletting is governed by Article 7:221 BW, which states:
“The tenant is authorized to give the rented property in use, in whole or in part, to someone else, unless he had to assume that the landlord would have reasonable objections to the use by that other person.”
In short, you may sublet all or part of the property to someone else. You may not do so, however, if you have reason to expect the landlord will reasonably object. In some cases this is clear from the outset, for example when the lease itself contains a ban on subletting; in that case, subletting is not allowed.
If you sublet despite an agreed ban, the lease may provide for a penalty. That penalty must be linked to the subletting ban and be subject to a maximum amount. Letting out a room through a platform such as Airbnb can also be restricted in this way, and in practice often is.
Article 7:244 BW adds a specific rule for residential space: as a rule, a tenant of residential space may not sublet the property, in whole or in part. The exception is a tenant of a self-contained home (zelfstandige woonruimte) who lives there as their main residence — that tenant may sublet part of the home, such as a single room, but not the entire property.
Does a subtenant have the right to stay after your tenancy ends? In principle, yes. Article 7:269 BW provides that once your tenancy as main tenant ends, the landlord continues the sublease by law and takes your place as landlord towards the subtenant. This only applies if the following conditions are met:
- Self-contained home. A home with its own entrance and its own essential facilities, such as a kitchen and a bathroom. A single room on its own does not qualify.
- Valid sublease agreement. An agreement between you and the subtenant that meets the requirements for a tenancy agreement under Article 7:201 BW.
- Main tenancy relates to residential space. The main tenancy between you and the landlord must be a tenancy of residential space to which these statutory protections apply.
If these conditions are not met, the subtenant has no right to remain once your tenancy ends, and eviction generally follows. If the conditions are met, the landlord can still ask the court to end the continued sublease and order vacant possession, but only within six months after the sublease was continued under Article 7:269 BW.
The same possibility of subletting exists for business space, but a subtenant’s position is different if you sublet without authorisation or have to vacate the property yourself. Before the current lease law took effect in 2003, a subtenant of business space had no direct legal relationship with the landlord and so had no claim against the landlord.
Since then, the law requires you, as the main tenant, to look after the subtenant’s interests when your tenancy ends — for example, by involving the subtenant in proceedings with the landlord. If the main tenancy is nevertheless terminated after those proceedings, the subtenant’s rights end as well.
For a broader overview, see our article on tenant rights in the Netherlands.
What should you check as a tenant?
Check your lease before you sublet and as soon as you hear the property is sold. Under Article 7:226 BW the lease continues, but not every clause passes to the buyer.
- Does your lease contain a ban on subletting, a consent requirement or a penalty clause?
- For a home: is it self-contained and your main residence? Only then may you sublet part of it under Article 7:244 BW.
- Does your lease contain a pre-emptive right or a purchase option, and against whom would you enforce it?
- Has the new owner confirmed the rent, the service charges and your deposit in writing?
What should you check as a landlord?
Check what the buyer takes over and what a sublease can cost you. A continued sublease under Article 7:269 BW can only be challenged in court within six months.
- Which clauses in the lease pass to the buyer under Article 7:226(3) BW, and which remain your own obligation?
- Have you transferred the deposit and the rental administration to the buyer?
- Does the lease clearly ban subletting, with a penalty capped at a maximum amount?
- If a main tenancy ends, is there a subtenant of a self-contained home who may continue the sublease?
What can we do for you with tenancy rights?
Our tenancy lawyers advise tenants and landlords of homes and business space.
- We review your lease for subletting bans, penalty clauses and pre-emptive rights.
- We assess which obligations pass to a buyer under Article 7:226 BW.
- We claim damages from the original landlord for breach of a pre-emptive right.
- We ask the subdistrict court (kantonrechter) to rule on a refusal to consent to subletting.
- We bring or defend a claim to end a continued sublease within the six-month period of Article 7:269 BW.
Summary
- A sale of the rented property does not end your tenancy: the new owner takes over the landlord’s rights and obligations under Article 7:226 BW.
- A pre-emptive right in your lease usually does not bind a new owner, unless it amounts to a purchase option.
- You may sublet all or part of the property under Article 7:221 BW, unless you should expect the landlord to object.
- As a tenant of residential space, you may only sublet part of a self-contained home where you live yourself (Article 7:244 BW).
- A subtenant of self-contained residential space can continue the sublease when your tenancy ends, but the landlord may ask the court to end it within six months (Article 7:269 BW).
Frequently asked questions
Can a new landlord raise the rent right after buying the property?
No. Under Article 7:226 BW the new owner takes over the rights and obligations directly linked to your use of the property against rent, so the existing rent and the agreed rules for changing it continue to apply. A sale is not, on its own, a ground to set a different rent or new conditions.
Do you need the landlord’s written permission before subletting?
Not necessarily, but it is worth asking for it in writing. Under Article 7:221 BW you may not sublet if you should expect the landlord to object reasonably. If the lease requires prior written consent or bans subletting, that applies, and subletting without it can lead to a penalty or termination of your own tenancy.
What can you do if the landlord refuses your reasonable request to sublet?
You can ask the subdistrict court (kantonrechter) to rule on the matter. The court weighs your interest in subletting against the landlord’s interest in the objection. For a home, remember that Article 7:244 BW only allows subletting part of a self-contained home that is your main residence.
