Claiming vacancy loss under a bank guarantee: the story continues

Legal news

If a receiver in a lessee’s liquidation wants to get rid of a lease, the receiver will terminate this lease by giving notice with due observance of Section 39 of the Dutch Bankruptcy Act. Pursuant to this Section, the lessor will (generally) have a claim against the insolvent company for a maximum of three months’ rent after the liquidation. The lessor cannot claim vacancy loss in the liquidation, not even if this has been agreed on by contract between the lessee and the lessor. If a bank guarantee has been provided, the lessor will try to limit the vacancy loss or other loss by means of the bank guarantee. This is also what the lessor of the insolvent company Bouwgros did.