Requesting Joint Tenancy for Tenants in the Netherlands

Requesting joint tenancy can provide clarity and security for tenants who live together with a partner, family member or housemate. In the Netherlands there are rules about who may become a joint tenant, whether landlord permission is required and what the consequences are for rent payments and liability. This guide explains step by step the conditions, which documents you should gather, how to submit a request to the landlord and when you can seek help from the Rent Tribunal or the subdistrict court. I explain terms in plain language and give practical tips to avoid misunderstandings, so you know your rights and obligations when cohabiting and joint tenancy.

What is joint tenancy?

Joint tenancy means that two or more people are jointly named on the lease and that they both have rights and obligations regarding the dwelling and the landlord. As a joint tenant you are often jointly responsible for rent payments and may have protection against unreasonable termination.

Conditions to become a joint tenant

There are no uniform rules that work exactly the same in every lease; much depends on the contract and whether the landlord requires permission. Use this checklist to check whether you qualify:

• Discuss whether the lease allows joint tenancy and whether the landlord requests written permission.
• Check whether there are clauses that prohibit cohabitation or subletting.
• Gather identity and income documents the landlord may want to see.
• Be aware of possible effects on rent allowance and other benefits if you become a joint tenant.

What to include with your request

A clear and complete request increases the chance of a quick response:

• A short written explanation why you want to become a joint tenant and from what date.
• Identity document and information about income or benefits.
• Any agreements about who pays the rent and how costs are divided.

If the landlord refuses

If the landlord refuses your request, ask for a written explanation. In some cases you can have the decision reviewed by the Rent Tribunal or bring the dispute before the subdistrict court. Note dates and keep all correspondence and evidence for proceedings.^[2]

Rights and obligations after approval

When you are officially a joint tenant, the following consequences may occur:

• Joint liability for payment of the rent.
• Right to protection against unreasonable termination.
• Possible effects on benefits and other government arrangements.

Frequently Asked Questions

Does the landlord always have to give written permission for joint tenancy?

No, but many leases require written permission; without permission the landlord may object or consider legal action.^[1]

What happens to my liability as a joint tenant?

As a joint tenant you are usually jointly liable for rent and damage, unless otherwise agreed in writing.

When can you go to the Rent Tribunal or subdistrict court?

You can involve the Rent Tribunal for disputes about rent and service charges; for other disputes, such as obstructive behaviour by landlords, the subdistrict court is often the appropriate forum.^[2]

How-To

1. Gather identity documents, income information and a short statement why you want to be a joint tenant.
2. Submit a written request to the landlord and ask for a confirmation of receipt.
3. If refused, request a written reason and consider mediation or legal action.
4. Keep all communication and evidence and seek help if you are unsure of your rights.

Help and support / Resources

• Contact Rent Tribunal
• [1] Wetten.nl — Civil Code Book 7 (Tenancy Law)
• Government information on housing and cohabitation

1. [1] Wetten.nl — Civil Code Book 7 (Tenancy Law)
2. [2] Rent Tribunal — Information and procedures
3. [3] Government.nl — Guidelines and official information