Compelling Interest in Housing Swap: When May You Refuse?
A **compelling interest** in a housing swap is a legal concept that can ensure you are not obligated to agree to a housing swap request. This may be the case, for example, if the swap constitutes an unreasonable burden for you, such as financial or personal disadvantages. In this article, we explain when there is a compelling interest, what legal bases apply, and how you can enforce your rights.
What is a Compelling Interest in a Housing Swap?
A **compelling interest** is a situation in which it is unreasonable or unacceptable for you as a tenant or landlord to agree to a housing swap request. This can occur, for example, if the new home does not suit your personal or financial circumstances. The concept is laid down in the **Rent Allowance Act** and the **Dutch Civil Code (DCC)**, but also plays a role in the practice of housing swaps under the **Housing Act**.
Important: A compelling interest is not a standard restriction but must be assessed on a case-by-case basis. It is an exception to the principle that a housing swap request is in principle binding if it meets the statutory conditions.
Legal Basis: Which Rules Apply?
The legal basis for a compelling interest in a housing swap can be found in various laws and articles:
- Article 7:233a Dutch Civil Code (DCC): This article regulates the general conditions for housing swaps between tenants and landlords. A compelling interest may play a role if the swap is not reasonable.
- Housing Act (articles 10 and 11): The Housing Act contains provisions on the quality and suitability of a home. If the new home does not meet these standards, this may constitute a compelling interest.
- Rent Allowance Act (art. 12, section 1): This act regulates, among other things, the possibility to refuse a housing swap if it leads to an unreasonable financial burden, for example due to higher rent or energy costs.
- Case Law: The court assesses on a case-by-case basis whether there is a compelling interest. Examples from case law show that factors such as health, mobility, financial situation, and social circumstances may play a role.
When is There a Compelling Interest?
A compelling interest can arise in various situations. Below, we provide some concrete examples and criteria used by the court:
1. Financial Disadvantages
If the new home is significantly more expensive in rent, energy costs, or other expenses, this may constitute a compelling interest. Consider situations where:
- The rent increases by more than 20%.
- The home does not match your income (for example, if you receive rent allowance and the new rent is too high).
- There are unforeseen costs, such as service charges or a high energy label score leading to higher energy costs.
2. Health Reasons
If you have medical reasons not to move, this may be a compelling interest. Consider:
- A chronic illness that makes relocation difficult.
- Lack of an elevator or wheelchair accessibility in the new home.
- Psychological reasons, such as fear of a new environment.
Example: A tenant with a severe lung condition may refuse to move to a home on the 5th floor without an elevator.
3. Mobility Issues
If the new home is poorly accessible by public transport or if you depend on a car and the parking facilities are inadequate, this may be a compelling interest.
4. Social Circumstances
Factors such as family ties, friend groups, or workplace may also play a role. For example:
- Your children attend a specific school in your current neighborhood.
- Your partner works nearby and moving would lead to double commuting.
- You have strong social ties in your current neighborhood (for example, through volunteer work).
5. Quality and Suitability of the Home
If the new home does not meet the minimum requirements of the Housing Act, such as:
- Lack of sufficient space for your household.
- Mold, moisture problems, or other structural defects.
- Lack of privacy or safety (for example, in a busy street or a neighborhood with high crime rates