The conditionality of tenancy law, TvHB 2015/4


The authors, I.C.K. Mol, LLM, and N. Amiel, LLM, recently published an article on the conditionality of tenancy law in the Liber Amicorum for A.D. Flesseman, LLM. The contribution that was published in the Dutch magazine on tenancy law for business premises (TvHB) is an adaptation of that article.

In this article, the authors deal with (the limits of) conditionality in tenancy law upon entering into and terminating a lease for Section 290 business premises or Section 230a premises. The article deals with the conditional conclusion of contracts and focuses, among other things, on the conclusion of a lease subject to a suspensive or resolutive condition. Various aspects of conditional notice and termination are subsequently discussed on the basis of a case, as well as the entering into of a conditional termination agreement. The conclusion is that conditionality is a frequent phenomenon in tenancy law, particularly when entering into leases. However, the options pertaining to conditional termination are limited as conditional termination is restricted by the requirements of legal certainty.

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