Conditions for Housing Exchange with Housing Corporations in Amsterdam

Housing exchange with a housing corporation allows Amsterdam tenants to swap homes without terminating their lease. This article outlines the conditions for exchanging social rental housing managed by corporations in the city, focusing on legal rules, practical requirements, and risks. It builds on our foundational article about Housing Exchange - Procedure and Conditions, with a specific emphasis on the Amsterdam context.

What is Housing Exchange with Housing Corporations in Amsterdam?

Housing Exchange with Housing Corporations in Amsterdam refers to the process where two tenants of social rental housing, managed by local corporations, swap their homes. This is ideal for Amsterdam residents seeking a better-suited property, such as more space for a growing family or a smaller home in a busy city. Unlike a move that involves lease termination, the rental agreement remains intact and transfers to the exchange partner. Corporations in Amsterdam, like Ymere or De Key, support this through platforms such as WoningNet, but they impose strict requirements to protect the social housing market from misuse.

The exchange requires consent from both tenants and the involved corporations. This is governed by Dutch tenancy law and the Housing Act, aimed at ensuring a balanced distribution of limited social housing in Amsterdam. For example: If you rent a two-bedroom apartment from Ymere in the Jordaan neighborhood, but your family is expanding, you could swap with someone who has a three-bedroom home from De Key in Oost and wants to downsize. After review by the corporations and the Municipality of Amsterdam, the exchange can proceed, provided all criteria are met.

Legal Basis in Amsterdam

The conditions for housing exchange with housing corporations in Amsterdam are based on Book 7 of the Dutch Civil Code (DCC), particularly Article 7:220 DCC, which allows changes to rental contracts only with the landlord's approval. For social housing in Amsterdam, the Housing Act (Articles 35 et seq.) also applies, requiring corporations to prioritize vulnerable groups in a city with high housing demand.

Amsterdam housing corporations often follow the Aedes model for rental conditions. Relevant laws include:

Article 7:266 DCC: Transfer of tenancy rights, including exchanges.
Article 7:271 DCC: Protection for landlords against unsolicited changes.
Housing Regulation of the Municipality of Amsterdam: Sets suitability standards for social housing, such as an income limit of €44,035 for single persons in 2023.

These rules prevent exchanges from being used as a loophole for ineligible tenants. Corporations assess suitability and income, and in disputes, you can seek advice from the Amsterdam District Court or the Amsterdam Legal Aid Office.

Practical Requirements for Housing Exchange in Amsterdam

For a successful exchange in Amsterdam, tenants must meet various criteria. These vary by corporation, but common requirements include:

Tenant Status: Both parties must be tenants with an Amsterdam housing corporation and have lived in their home for at least one year, to avoid speculation in the tight market.
No Payment Arrears: Outstanding rent or service charges will block the exchange; corporations check this in their systems.
Housing Suitability: The new home must match your household and income, considering Amsterdam's standards for affordable housing.
Corporation Approval: For exchanges between different corporations, such as Ymere and Rochdale, both must agree, which can take weeks in the city due to high workloads.
Technical Inspection: The property must be in acceptable condition; serious defects in older Amsterdam buildings could halt the exchange.

For an overview of conditions with Amsterdam housing corporations:

Corporation	Minimum Tenancy Duration	Income Limit for Exchange	Platform
Ymere (Amsterdam)	1 year	€44,035 (2023)	WoningNet
De Key (Amsterdam)	1 year	Suitability standard	WoningNet
Rochdale (Amsterdam)	6 months	€44,035 (single persons)	WoningNet

Practical example: Mr. Jansen, a tenant with Ymere in West, wants to exchange with Ms. De Vries from De Key in Zuid. Both have been renting for two years and have no debts. They submit an application via WoningNet; Ymere approves because the home is suitable, but De Key initially refuses due to a minor arrears. After payment and intervention from the Amsterdam Legal Aid Office, the exchange proceeds.

Rights and Obligations of Amsterdam Tenants

As an Amsterdam tenant, you have the right to housing exchange if conditions are met; corporations cannot refuse arbitrarily (Article 7:220(2) DCC). If a refusal is unreasonable, you can complain to the Rental Committee or the Amsterdam District Court. Obligations include:

Full transparency about income and household via the Municipality of Amsterdam.
Handing over a clean and tidy home.
Avoiding misuse, such as exchanging for profit, which is punishable under the Housing Act.

During an exchange, the rental agreement transfers, keeping your rent price intact unless adjustments are needed for the new Amsterdam property.

Frequently Asked Questions about Housing Exchange in Amsterdam

Can I exchange with a temporary contract?

No, in Amsterdam, housing exchange is generally only for permanent rental contracts, due to strict rules for social housing.

What if the corporation refuses?

Lodge an objection with the Rental Committee or seek advice from the Amsterdam Legal Aid Office; unreasonable refusal can lead to proceedings at the Amsterdam District Court.