Receiver personally liable for violation of prohibition on subletting

Legal news

A receiver of a bankrupt lessee allows the leased building to be used temporarily by a third party, in spite of a contractual prohibition on subletting and without the lessor’s consent. Recently, on 9 November 2018, the Dutch Supreme Court considered the question as to whether the receiver in such a case is personally liable for the loss suffered by the lessor as a result. From the judgment handed down by the Dutch Supreme Court follows that this is indeed the case in that situation.