Clifford Chance
Is there still a future for rental guarantees (Part IV)?
3 April 2017
Hoge Raad (Dutch Supreme Court) 17 February 2017 Hansteen vs. Mr J.L.G.M. Verwiel q.q.
The central theme of this client briefing is formed by section 39 of the Dutch Bankruptcy Act ("DBA"). This section permits the liquidator (curator) of a bankrupt tenant (huurder) to early terminate its rental agreement (huurovereenkomst) with the landlord (verhuurder), with due observation of a notice period of at maximum three months (unless the rent has been prepaid for a longer period). Rental payments falling due during this notice period are deemed to be estate claims (boedelvorderingen) and as such enjoy a high priority.
