Rights, Powers and Liberties of a Tenant

Question 1

Can the lessee sublet?

Answer 1

In urban leases they can without the consent of the lessor and rural leases they cannot with lessor’s consent/=.

Question 2

What happens if the lessor who is also the owner changes during the operation of the lease?

Answer 2

Huur gaat voor koop rule applies which holds that the lease takes precdence over the sale and that the lessee’s right to use and enjoyment is protected but only in certain situations.

Question 3

What is the test for the operation of the huur gaat voor koop rule?

Answer 3

1. Was the third party aware of the lease?
2. Where the lessee has a real right ius in re aliena