Co-optation rights in student housing: What to do?

Questioner

Dear legal aid office, We've been living in a student house for about seven years, and it's changed tenants regularly. Usually, someone moves out every year, and the remaining residents choose a new tenant. It's the same situation this year, but suddenly our landlord (a real estate agency) is transferring us to a completely new agency, which says we have to send photos of the room and that they'll then look for a new tenant. We share a living room, shower, toilet, and kitchen, so we're not exactly looking forward to someone moving in who doesn't get along with the rest of the house. I've already tried to research our rights. And that's where the right of co-optation came from. This right isn't stipulated in the lease agreements, but it is evident from the consistent customary conduct. We can't get in touch with Cosby either; they don't answer the phone or say they'll call back but then don't. What's the best course of action? Yours sincerely

Questioner

Living in a student house with shared spaces does not automatically mean you have a right of co-optation. The right of co-optation must have been agreed upon with the landlord, but it can also have developed over the years based on the supplementary effect of reasonableness and fairness ("consistent customary practice"). Even if no co-optation clause is included in the tenancy agreement, it may still be agreed upon in practice. It is wise to have this thoroughly investigated. Co-optation right in case of sale The legal question at issue is whether the co-optation right, pursuant to Article 7:226, paragraph 3, of the Dutch Civil Code, has been transferred to this new owner-lessor. The Supreme Court has not yet ruled on this matter. The lower courts are divided, and the outcome of this case is therefore uncertain. However, in my opinion, there are sufficient grounds to assume that the co-optation right forms an essential part of the lease agreement and is thus "directly related to the use of the property in return for consideration to be paid by the tenant," so that the co-optation right is transferred to the new lessor-owner upon sale. Only if the new lessor has a compelling interest could they unilaterally amend this co-optation right. Conclusion Even if the right of co-optation is not explicitly included in the lease agreement, it can still be invoked under certain circumstances. Do you have any questions? Feel free to ask.