The Deed of Assignment of Tenancy is a crucial legal instrument in Dutch property law, used when an existing tenant wishes to permanently transfer their tenancy rights and obligations to a new tenant. This document is commonly required in situations such as tenant relocation, change in personal circumstances, or when a business tenant transfers their lease. The deed ensures compliance with Dutch Civil Code requirements and provides legal certainty for all parties involved. It must include specific provisions required by Dutch law, including explicit landlord consent, details of the original tenancy, and clear terms of the assignment. The document protects the interests of all parties by clearly defining the transfer of rights, responsibilities, and any specific conditions attached to the assignment.
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1. Parties: Identifies all parties to the deed: the current tenant (Assignor), the new tenant (Assignee), and the Landlord
2. Background: Explains the context of the assignment, including details of the original tenancy and reason for assignment
3. Definitions: Defines key terms used throughout the deed
4. Original Tenancy Details: Specifies details of the original tenancy agreement including property address, term, and rent
5. Assignment: Core provision transferring the tenancy from Assignor to Assignee
6. Landlord's Consent: Formal statement of the landlord's consent to the assignment
7. Effective Date: Specifies when the assignment takes effect
8. Rent and Deposits: Details of rent amount, payment arrangements, and handling of security deposits
9. Assignor's Warranties: Warranties given by the current tenant about the state of the tenancy
10. Assignee's Covenants: New tenant's commitments to comply with original tenancy terms
11. Release of Assignor: Terms of release of original tenant from obligations
12. Costs: Allocation of costs related to the assignment
13. Governing Law: Confirms Dutch law governs the deed
14. Execution: Formal execution provisions and signature blocks
1. Guarantor Provisions: Required when the new tenant provides a guarantor
2. Property Condition: Used when specific arrangements are made regarding property condition or repairs
3. Utilities and Services: Needed when special arrangements exist for transfer of utility contracts
4. Inventory: Required when furnished property is involved
5. Outstanding Works: Included when there are ongoing maintenance or improvement works
6. Special Conditions: For any unique terms specific to this assignment
7. Break Clause: Optional early termination provisions for the new tenant
1. Schedule 1 - Original Tenancy Agreement: Copy of the original tenancy agreement being assigned
2. Schedule 2 - Property Inventory: Current inventory and condition report if applicable
3. Schedule 3 - Outstanding Rent Statement: Statement confirming rent payments are up to date
4. Schedule 4 - Identity Documents: Copies of identification documents for all parties
5. Schedule 5 - Consent Documents: Any additional consent documents (e.g., from mortgage lender if required)
6. Appendix A - Property Photos: Current dated photographs of the property condition
7. Appendix B - Utility Readings: Current utility meter readings at assignment date
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