18
February
2022
|
13:40
Europe/Amsterdam

Vesteda offers rental protection to adult resident children after death of parents

Vesteda offers adult resident children the opportunity to continue the existing rental contract of their deceased parent(s) on the same conditions. This is subject to just two conditions: that the home has been the children’s main residence for several years and that they have sufficient financial resources. And of course they should have the requisite housing permit, if this is required by the local council.

Draft bill rental protection for adult resident children

We have quite rightly seen a great deal of (political) attention for adult children who still live with their parents and are forced to leave the parental home upon the death of one or both of their parents. Following a number of harrowing examples, on 23 December 2021, members of the Dutch House of Representatives Daniel Koerhuis (VVD), Caroline Van der Plas (BBB) and Pieter Grinwis (CU) submitted a draft bill, which if enacted would prevent adult, resident children from being evicted from their parents’ rental home within two months after the death one of both of their parents. The draft bill gives housing corporations the option of offering a temporary rental contract to adult children left behind in the home. The draft bill is aimed exclusively at (social) housing corporation homes and not at liberalised sector rental homes. However, Vesteda already offers adult resident children the possibility of taking over the existing rental contract of their parents, without any change in the terms of the contract or increase in rent.

Tailor-made solutions

Of course, Vesteda always looks for a tailor-made solution if adult resident children cannot pay the rent for their parental home. These tailor-made solution differ from case to case, but can include offering the adult child or children another, more affordable home.

Legal context

Adult, resident children can find themselves in a  difficult position after the death of one or both of their parents. This is partly because they cannot ‘inherit’ their parents’ rental contract. Resident children are very rarely mentioned in their parents’ rental  contracts, as in most cases there is no question of a long-term joint household. This is one of the legal requirements for the submission of an application for co-tenancy. This is why resident children have to ‘automatically’ leave the home within two months of their parents’ death. While it is true that they can file a request with the courts to continue the rental, as long as they do this within six months, this is only granted if the home is their main residence, they have sufficient financial sureties and there was some question of a long-term joint household with their deceased parents(s). So in effect, Vesteda does not require this last condition.