Temporary tenancy for specific groups and the limits of security of tenure
Municipality lets a social housing property as a 'second chance' through a sublease
On 14 April 2026, the subdistrict court of North Holland (Zaanstad location) refused, in preliminary relief proceedings (kort geding), the eviction of a social housing property. A municipality had let that property to a tenant as a 'second chance' but did not manage to terminate the tenancy validly. The background is a living situation that had got out of hand.
The tenant had rented the property from the housing association Parteon since 2015. Owing to compulsive hoarding, the property became heavily soiled and a fire hazard arose; in September 2024 the municipality imposed an order subject to administrative enforcement (last onder bestuursdwang). Parteon brought preliminary relief proceedings for eviction, which ended in a settlement: the tenancy with Parteon would end and the tenant would be given another property through a care institution, with support and an evaluation after twelve months.
Because no care institution was willing to act as tenant and sub-landlord, the municipality took on that role. It rented the property from Parteon and sublet it to the tenant. The written contract referred to a 'second-chance contract' under the Decree on Specific Groups for Temporary Tenancy Agreements. When the evaluation turned out negative, the municipality gave notice terminating the sublease with effect from 9 February 2026 and claimed eviction, on the ground that the tenancy had ended through the expiry of the fixed term.
Subdistrict court: the Decree on Specific Groups must be interpreted strictly
The main rule is that a tenancy of residential accommodation for a fixed term does not end merely through the expiry of that term (Section 7:271(1) DCC). Termination is possible only on the grounds set out in statute (Section 7:272(1) DCC). An exception to that security of tenure exists for temporary contracts of no more than two years with specific groups of tenants, designated in the Decree on Specific Groups for Temporary Tenancy Agreements. One of those groups is the tenant with whom the landlord enters into a second-chance tenancy agreement.
Because this regime forms an exception to security of tenure, the subdistrict court interprets it strictly: the mere label 'second-chance contract' is insufficient. It went wrong on three points. First, the municipality was not the earlier landlord, that was Parteon, so there was no second chance with the same landlord. Second, the earlier tenancy with Parteon had ended through a settlement and not through judicial termination on the ground of serious nuisance; it had not been sufficiently argued that an eviction would very probably have been granted. Third, the case concerned a sublease agreement, whereas the Decree assumes a regular tenancy agreement.
The conclusion is that there had been no valid derogation from the statutory security of tenure, so that the tenancy did not end on 9 February 2026 and the tenant was not occupying the property without right or title. In addition, the sublease of a self-contained dwelling is, on the ending of the head lease, continued by operation of law by the landlord, here Parteon (Section 7:269(1) DCC). By that route too, a ground for eviction was lacking. The municipality was ordered to pay the costs of the proceedings of €1,009.
What does this mean for landlords wishing to offer a second chance?
Well-intentioned bespoke arrangements within tenancy law fail if they do not fit precisely within the statutory exception. Anyone wishing to enter into a second-chance tenancy agreement must themselves be the landlord giving the tenant a fresh chance, and must be able to substantiate that the earlier contract ended through the courts or through a forced departure on the ground of serious nuisance. A sublease arrangement through a third party falls outside the regime.
Municipalities and housing associations wishing to help vulnerable tenants are therefore well advised to have the arrangement assessed legally in advance. If it does not fit within the Decree on Specific Groups, a tenancy agreement with full security of tenure arises unintentionally, precisely the opposite of the intended temporary nature.
Frequently asked questions
When does a temporary tenancy of residential accommodation end automatically?
In principle it does not. Under Section 7:271(1) DCC, a fixed-term tenancy of residential accommodation does not end merely through the expiry of the term; the tenant keeps security of tenure. An exception applies only to situations designated by statute, such as short contracts of no more than two years or the specific groups under the Decree on Specific Groups for Temporary Tenancy Agreements.
What is a second-chance tenancy agreement?
It is a temporary tenancy contract of no more than two years for a tenant whose earlier contract was terminated on the ground of serious nuisance, usually through the courts or a forced departure. The category is set out in the Decree on Specific Groups for Temporary Tenancy Agreements and forms an exception to security of tenure, which is interpreted strictly.
What happens to a subtenant when the head lease ends?
For a self-contained dwelling in which the subtenant has their principal residence, the sublease is continued by operation of law by the landlord under Section 7:269(1) DCC. Within six months, the landlord may apply to the court for termination on the grounds set out in statute (Section 7:269(2) DCC).
District Court of North Holland (subdistrict, Zaanstad location), 14 April 2026, ECLI:NL:RBNHO:2026:3990.
Cited case law
District Courts: ECLI:NL:RBNHO:2026:3990