Annotation to the judgment of The Hague Court of Appeal of 13 September 2011, TvHB 2011/6 no. 22.


In principle, a lessor is not obliged to allow the lessee to sublease the leased property since the lease includes a prohibition on subleasing. This could be different if the lessor would not have had reasonable ground to refuse a certain sublessee. In this case, the necessary documents were not provided for the prospective sublessees from which a reliable picture of their solvency or their capacity and calibre could be deduced.

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