Rental agreement after bankruptcy of manager | Rechtswinkel.nl

Questioner

I rent a house based on the standard ROZ rental agreement. I have a separate party for the management. This party collects the rent. Now this party has gone bankrupt. The trustee has informed the tenant that the rent must now be transferred to the trustee. I want the tenant to transfer the rent directly to me. Is that possible?

Lawyer

The question is with whom you or the resident of your home concluded the (rental) contract: with the party that has the management or directly between you and the resident? If you concluded the rental agreement directly with the resident, you will in most situations be able to continue to claim (direct) rent payment. The trustee will have to indicate on what legal basis he believes he can claim the rent. If there is no legal basis for this, such as a contract between the resident and the party that does the management, he cannot claim the rent either. If you have an agreement with the (now bankrupt) party that did the management, it is advisable to terminate it as soon as possible and for the shortest possible period (if the management contract does not contain any restrictions, which you should check).

Lawyer

Your problem is that you fear that the administrator's curator will not hand over the rent money. In any case, ask the tenant to wait with rent payments to anyone until there is clarity. You can tell him that he risks having to pay twice if the wrong person is paid. The general terms and conditions of the administrator often state that the agreement ends or can be terminated in the event of bankruptcy of one of the parties. Check that. Alternatively, you can set a deadline for the administrator to let him know whether or not he will fulfil all obligations on behalf of the bankrupt. You then state that you are already terminating the agreement in case confirmation does not follow within 7 days.