Subletting Unless contr prohibits it, prop can b subleased as long as person letting it is not somebody lessor would have objected to. Rural tenement may not b subleased. Rural/urban determined by use it is put to and not location If lease prohibit sublease without lessor concent, then lessor has right to refuse consent. But contr usually provides that consent shouldn’t b unreasonably withheld. Effect of subletting in contravention of an express agreement that forbids lessee to sublease without lessor’s consent, will b void. If lessee breaches this, lessor can cancel contract. If property Is sublet, then contract is between original lessee and sublessee (lessor not involved in contr) Sublessee must give up occupation when original contr of lease comes to an end Cession Lessee may cede his rights to 3 rd person like any other creditor, unless contr prohibits/restricts it If rural tenement, only allowed with prior consent of lessor Effect of cession – cessionary becomes creditor of lessor and lessee ceases to be his creditor. Lessee remains lessor’s debtor, since only rights and not duties of lessee are ceded. Cession in contravention of express agreement is void Assignment Creditor transfers his rights by cession. Duties of debtor is transferred by delegation If to be complete substitution of one lessee for another, it must b affectd by combined cession and delegation, or by delegation of rights and duties = this equals assignment Assignee becomes debtor and creditor of lessor, whil agreement between lessor and original lesse come to an end Can only take place with consent of the debtor. Lessee’s relationship with successors of the lessor; the maxim “huur gaat voor koop” Lease remains in force on death of lessor. Lessor’s estate is simply substituted as lessor. But, where ownership is transferred form lessor by operation of statutory provisions, the new owner is not bound by lease If lessor sells prop the general rule is that purchaser is bound by lease.(via huur gaat voor koop) Doctrine can be translated as hire takes precendance over sale Relevant only to contr pertaining ot lease of immovable prop Principle that person who buying prop is bound by any existing cont of lease in respect to prop Owner cant transfer right of lessee to new owner of prop, right of lessee stands 5
The purchaser does not assume any obligation owing by the lessor to the lessee, if such obligation arose prior to date of sale Maxim only applies where prop is alienated and not for instance where owner’s rights are transferred as a consequence of expropriation Maxim is subject to certain qualifications: Certain leases of immovable property shall not be binding on a creditor or successor under onerous title(someone that has given value to prop) of the lessor for longer than 10 yrs, unless such lease is registered against the title deed of the prop, or unless the creditor/successor had knowledge of such a contr Position of lessess for less than 10 yrs, is not governed by legislation. These lessees are protect by maxim
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- Spring '16