Becoming a co-tenant: What are your rights?

Questioner

I understand how and on what grounds someone can become a co-tenant and therefore enjoy rental protection. Does that also apply in the following case? Someone lives with his partner (tenant). He has no tenancy agreement, the partner does (only in her name). He does not pay rent, but does contribute to the joint household (groceries etc.). Can this person claim rent protection? What consequences should I take into account if this person is registered at this address without a rental agreement and without paying rent? BVD

Lawyer

Of course, becoming a co-tenant is only possible if the tenant agrees to this. If there is no co-tenancy, the cohabiting partner has no right to rent protection; for that, one must be a tenant. The cohabiting partner lives with the tenant without any right or title. A request from the tenant to leave the home within a reasonable period (14 days) must then be granted. Registering at the same address in the BRP, if the landlord allows it in the lease, can also have unpleasant consequences. This applies in particular to criminal behaviour by the cohabiting partner (search of the home) or to high debts (bailiff and seizure of your goods). Furthermore, cohabitation can negatively affect your right to tax benefits. If you are in doubt, I recommend the temporary construction of a postal address. http://www.rijksoverheid.nl/onderwerpen/gemeenten/question-en-answer/kan-ik-een-briefadres- Krijgen-als-ik-geen-vast-woonadres-heb.html

Lawyer

This resident/partner registered at the address of the main tenant has no rental protection. It is possible that by living together your household changes from one to a multi-person household so that the municipal charges increase. It is also possible that you become each other's fiscal or allowance partner. The latter can be prevented by drawing up a room rental contract.