Home Exchange and Rental Price: Legal Advice

Questioner

I signed up for a home exchange and have someone found but after inquiring with the housing association about the rent after the exchange, they told me that my home was a free sector home is going to be so the rent will be 825 euros! So I'm having a hard time finding someone to swap, Can the housing association simply do this without it being included in the lease?

Lawyer

Dear questioner, I don't understand: your home now belongs to the social sector? Is the home being redeveloped/renovated in such a way that it then becomes a free market home? Can you tell me more?

Questioner

the house now belongs to the social housing sector below the rent subsidy limit, so after the exchange the rent will be 825, says the housing association and nothing is done in terms of renovation or redevelopment of the house during the house exchange. Is the housing association allowed to just do this? regards

Lawyer

When entering into a new lease (and that would happen with a house exchange) a landlord may re-establish the rent. Normally up to the maximum reasonable rent according to the points system. But assuming that the house can indeed fall into the free sector according to the points system, an even higher rent is then also permitted. Unfortunately for you.

Lawyer

Dear questioner, Below is a piece about the withdrawal of a home from the social sector to the free market: 'Housing withdrawal is based on the Housing Act that came into effect in 1993. In Article 30, The first paragraph of the law prohibits residential accommodation belonging to a municipal council (or the City Region) designated category in the housing ordinance, to withdraw from the intended use for residential purposes without a permit from the mayor and aldermen, to merge with other residential space or to convert from independent to non-independent residential space The intended designation is made with a view to the preservation or composition of the housing stock. Article 31 of the Housing Act regulates the manner in which the mayor and aldermen must carry out a balancing of interests: A permit as referred to in Article 30, paragraph 1, shall be granted, unless the interest of preserving or improving the composition of the housing stock is greater than the interest served by withdrawing the intended use for residential purposes, and the interest of the maintenance or composition of the housing stock not by setting conditions and regulations can be adequately served. This formulation shows that an absolute ban on housing withdrawal is not possible. Furthermore, it appears that a condition such as - as a condition for granting the permit - requesting compensation (real or financial) is only possible if the public housing interest is greater than the interest involved in the withdrawal. If the interest involved in the withdrawal is more important If the public housing interest outweighs this, the permit must therefore be granted without onerous conditions. are granted.' In other words, it is possible to withdraw a home because of the importance of a good distribution of homes in the region, without a permit it is not allowed. Where do you live and is there sometimes already a permit, you may still object to the granting?

Lawyer

addition: it is questionable whether in your situation the withdrawal of the home from the social to the private sector should or can be regarded as a withdrawal within the meaning of the Housing Act. I will come back to this. *Dear, as a result of new government policy, houses in the social sector will become more expensive, which will cause many to fall into the free market sector. Some find this good because it creates a new mid-range rental supply, others see it as an erosion of the social sector. In my opinion, there is no court ruling on the basis of this new policy. Withdrawal within the meaning of the law will therefore most likely not be an issue.